The application of UNIDROIT principles to solve disputes arising out of international contracts / A aplicação dos princípios dos princípios do Unidroit para dirimir controvérsias em contratos internacionais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study analyses the application of the Principles for International Commercial Contracts published by UNIDROIT International Institute for the Unification of Private Law to solve disputes arising out of or in connection with international commercial contracts. This issue is relevant because domestic laws eventually applicable to such international agreements may not satisfy the parties involved in such international deal, once that these regulation is not necessarily prepared to offer efficient solutions to negotiations developed in a globalization scenario and to respond to international traders expectations During this study it is analyzed the other international instruments which preceded UNIDROIT Principles and were also important to the uniformization of private law, the reasons for developing them and the formation of the work group dedicated to prepare principles capable of providing a new horizon for international commercial contracts. Finally, this study seeks to present how UNIDROIT Principles have been used in practice. It is studied the application of UNIDROIT Principles in arbitration awards and court decisions, the way in which such principles are used and the advantages for the parties involved in a dispute who are seeking for the best alternative for solution of a commercial relationship controversy

ASSUNTO(S)

direito privado princípios direito principles unidroit direito internacional privado law international contracts unidroit uniformização uniformization contratos internacionais

ACESSO AO ARTIGO

Documentos Relacionados