Cláusula compromissória e contratos nulos: breves anotações sobre a autonomia e a conservação do contrato

Glitz, Frederico Eduardo Zenedin; Sampaio, Rui

doi:10.5433/2178-8189.2010v14n0p9

Cited by 1 publication

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“…Among the contractual standardization instruments, we can cite international treaties and conventions ratified by States (hard law), as well as model laws, standard clauses, general contractual conditions, and principles relating to international contracting (soft law). 8 However, in the global scenario, the CISG and the UNIDROIT principles stand out as sources of legal standardization. 9 Both instruments provide predictions regarding the interpretation of contracts.…”

Section: The Principle Of International Contracts' Interpretationmentioning

confidence: 99%

The need for a harmonious interpretation of the rules applicable to international contracts

Mimoso

AZEVEDO

2022

TBJ

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International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.

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Section: The Principle Of International Contracts' Interpretationmentioning

confidence: 99%