LIMITES E POSSIBILIDADES DA NOVA LEX MERCATORIA NO DIREITO BRASILEIRO

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation focuses on the new Lex Mercatoria, its possible applications, and the limits of this application in our country, in relation to international Brazilian trade contracts, due to certain aspects of our legal system. This theme was chosen due to the growing importance of international trade in countries economies, owing to factors such as the shortening of distances and globalization, and technological innovations, which allow, for example, greater speed of transportation and almost simultaneous communication. An initial review of the subject was carried out, in terms of its sources and contents, due to a need for knowledge of its rules that, contrary to the national legal systems, show vocation for the regulation of international trade. Thus, the ineptitude of the traditional methods of International Private Law for resolving possible conflict generated within international trade was demonstrated. Legal institutes relevant to the theme were studied, such as free will, considered the mail basis of the Lex Mercatoria theory. The notion of public order was also studied, as a principal guarantee of control of the States before this legal order, created independently of the States, with the scope of avoiding unacceptable distortions in our legal and moral standards. Arbitration was also studied, as the source and means of application of the new Lex Mercatoria. Thus, it was concluded that there is a need for knowledge of this new regulatory law of international trade, since it is important for increasing legal safety, given that it is an applicable legal order in our country, including by our Judiciary Power.

ASSUNTO(S)

international trade lex mercatoria free will arbitragem comércio internacional lex mercatoria arbitration autonomia da vontade ordem pública (direito) direito ordem pública public order

ACESSO AO ARTIGO

Documentos Relacionados