Lei aplicável ao contrato internacional de compra e venda de mercadorias

• Autor(a) principal: Souza, Douglas Gonçalves de
• Data de Publicação: 2019
• 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/5950
• topic: Contratos internacionais; Lei aplicável; Direito internacional privado

OBJECTIVE: The present work was designed to provide information on the criteria for choosing the law applicable to international trade contracts. Therefore, the objective of this research is to analyze how the law applicable to the international contract of sale of goods is determined. METHOD: This research has a qualitative character considering the analysis made on the choice of law applicable to international contracts. On the other hand, as far as the depth level is concerned, one has the exploratory research, in which the objective is exactly to provide a greater familiarity with the subject. Still, the data collection was done in two forms, documentary and bibliographical, since it consists of reading documents and books seeking to understand and interpret the ways of applying the laws in international business law. RESULTS: The issues addressed in this study derive from the intrinsic characteristics of international contracts of international purchase and sale of goods, such as the will of the parties and the laws of the countries on international trade. The intention of the parties is the freedom in which the contracting parties have to choose the law applicable to the contract signed between them, since the choice of forum deals with the choice of the competent jurisdiction to judge a particular court. Finally, the applicable law deals with the indication of the legislation that will resolve the dispute within a legal relationship, determining whether the relationship will be regulated by foreign law or not. CONCLUSION: The choice of law applicable to the contract is given by criteria determined by laws and international conventions, fundamental principles of contracts, especially the autonomy of wills, where they can choose the law that is most beneficial to be applied to the contract and when this does not occur, through the jurisprudential understanding of the courts of each country.