Foundations of Public Contracts

José Guilherme Giacomuzzi, Professor of Law, Department of Public Law and Jurisprudence, The Federal University of Rio Grande do Sul, Faculty of Law, Brazil

• Contents: 1. A comparative public law approach: setting the tone 2. Black letter rules and formal sources: an overview of exceptionalism 3. Public contracts’ mentalités and ideologies 4. The public law–private law dichotomy in the context of public contracts 5. Liability for sovereign acts: an overview 6. State responsibility in American public contract law 7. France and la responsabilité sans faute 8. Brazil: fato do Príncipe and teoria da Imprevisão 9. Termination for convenience of the government Conclusion to Foundations of Public Contracts References Index

‘I heartily recommend Jose Giacomuzzi’s compelling study, Foundations of Public Contracts. Professor Giacomuzzi has produced a penetrating work comparing the systems of public contract law in three nations: France, Brazil and the United States. He offers striking insights into the dynamics and foundations of these systems, and demonstrates the power of comparative law. He explores with discernment how the three states accomplish common state ends with differing tools. Bravo!’