Abstract
ABSTRACT: The text reproduces a presentation made by the author on the XI Congress of the Brazilian Arbitration Committee, that has taken place on September 14 2012, on the city of Porto Alegre. The aim of the presentation was to clarify the boundaries of the so called duty to mitigate the loss, regarding the conclusions reached both in Civil Law and Common Law. After indicating the legal framework, the author discusses the elements of the concept, and, afterwards, analyzes the main difficulty on its application, that is, the implementation of reasonableness standard. In the end, a conclusion follows, in order to stimulate the development of the discussion.
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