A utilização do contrato de distribuição pela Mormaii nos negócios internacionais da empresa

• Autor(a) principal: Manoel, Francy da Rosa
• Data de Publicação: 2008
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/10888
• topic: Mormaii; Internacionalização; Contrato de distribuição; Cláusulas

The theme of this report is the use of distribution contract of MORMAII in its international business. To reach the main goal of this report, which is to demonstrate how MORMAII does international business through distribution contract, it was made a study of case of the theme, using the inductive method, bibliographical and documental researches, besides the participant observation. The bibliographical research allowed the conclusion of the 2nd chapter, being researched themes like: internalization of companies, general concepts about contracts, international contracts, types of international contracts and international distribution contracts, what give us a better understanding about the main subject. For a validity contract before the law, it must have an able agent, licit object and form prescribed or not by law. As it is normal that contracts are made in writing, it must have the name of the contract, the preamble or header, where it is found the qualifications of the Contracting Parties and the definition of the object to be contracted. Some clauses are essential in an international distribution contract, like: the clauses that define the obligations of Contracting Parties, clauses of exclusivity, tax obligations and surveillance, limitation of uses of brand, duration and termination of the contract, penal clauses, besides the clauses that take part in the body of the contract. It must have the final agreements and must be signed by the parties, as an act of manifestation of the will and, show the description of the place and the date where the act was realized. There is the company history in the description of the training place, and the main products, description of the exportation process, description of the contracts used by MORMAII in the international environment, as the analysis of information received and the propositions made to the company, are in the 3rd chapter. Due to this participation in the company and the observation of the distribution contract made by it, it is possible to highlight the structure of the distribution contract. It has the preamble, one definition clause, granting of rights, obligations of distributor, and restrictions related to the products, tax obligations and surveillance, rights to use the brand, limitations of responsibilities, duration and termination, confidentiality, applicable law, notifications, relationship between the parties, force majeure,hardship and arbitration, resignation, general provisions, the choice of forum clause and the final provisions, besides the signing of involved parties, place and date where it was made. Based on observation of received information in the 2nd and 3rd chapters, it was possible to conclude that MORMAII is a well organized company in its international distribution contracts, as it has a contract as a model that matches the company's expectations, regarding to the recruitment of distributors, as well the requirements of the law.