A validade da cláusula de eleição de foro nos contratos internacionais: o foro nos contratos internacionais de execução em território Brasileiro ou com contraparte brasileira

• Autor(a) principal: Arruda, Luiz Fernando Toro
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34845
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Foro; Contratos internacionais; Escolha das partes; Forum; International contracts; Choice of the parties

This study aims to evaluate how the choice of court by the parties to international contracts shall be made, especially those with a Brazilian party or executed in brazilian territory, and the manner such choice is seen through the prism of national and international legislation, the international agencies which aims standardizing the rules of contracts, and the jurisprudence. It analyzes the concept of forum and how the forum issue is treated in the Brazilian legislation, in Italy, in Germany and in United States, and examine how the national laws of those countries determine the appropriate forum for the trial of contracts and treat the choice a forum by the contractual parties. In this study we define the foreign element, present in all international contracts, which arises conflict regarding the applicable forum by submitting the international agreement to more than one jurisdiction, and show that there are principles governing the choice of law to be observed by the parties to the international contract. We also analyze the major international organizations that aim to standardize the rules applicable to relations between foreign parties, namely the Lex Mercatoria, The Hague Convention and the UNIDROIT Principles, fully geared to respect the choice of law made by the contractual parties, as well as serving as subsidiary laws. All analysis of the forum in this work are made always with the backdrop of the concurrent jurisdiction that our law guarantees to the Brazilian courts in litigations arising from international agreements that bring obligation to be performed in Brazil, or involving Brazilian party