Mecanismos de mitigação de danos na convenção de Viena sobre compra e venda internacional de mercadorias

• Autor(a) principal: Pereira, Bruno Barcellos
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNISANTOS
• Texto Completo: https://tede.unisantos.br/handle/tede/3741
• topic: direito internacional; compra e venda de mercadorias; mitigação de danos; international law; purchase and sale of goods; mitigation of damages; CIENCIAS SOCIAIS APLICADAS::DIREITO

In this globalized world, the international trade of goods and the capital movements between parties based in two or more countries has grown rapidly and dynamically. Over the years, these commercial transactions have generated legal uncertainty in international trade relations, both for sellers and buyers, since there was no uniformity in the standards that would be applied to solve the problems arising from international trade, such as: lack of delivery of goods, non-conformity of delivered goods, delivery of goods beyond the contract deadline, non-conforming international purchase and sale documentation, delivery of goods in a place other than the named place of destination, as well as any other substantial default under the purchase and sale agreement. The aforementioned issues cause financial, economic and tax losses, since the economic balance of the agreement is bound to its fulfillment in the terms in which it was entered into. This situation was exacerbated by the lack of a uniform standard, and by the fact that some countries follow the civil law system, while others follow the common law. Thus, a movement began in search of a uniformization of standards, culminating in the approval of the Convention on Contracts for the International Sale of Goods. In this sense, the present dissertation approaches, first, the historical evolution, the approval of the text of the Convention and its normative structure. Afterwards, we discuss the application of the Convention in national territory from the perspective of the treaty. Next, an analysis will be carried out on the overall trading system and the good faith of the contracting parties. In sequence, we will assess the instruments of mitigation of damages in the international trade of goods, highlighting and studying their mechanisms, and how the Convention aims to mitigate the damages in international trade. All to conclude whether the means proposed by the international treaty can produce the desired effects or not.