Please use this identifier to cite or link to this item: http://hdl.handle.net/11328/4004
Title: The need for a harmonious interpretation of the rules applicable to international contracts
Authors: Mimoso, Maria João
Azevedo, Liz Corrêa de
Keywords: International trade
Harmonizing
Standardization
Interpretation
CISG
UNIDROIT Principles
Issue Date: Mar-2022
Publisher: Bucharest University of Economic Studies
Citation: Mimoso, M. J., & Azevedo, L. C. (2022). The need for a harmonious interpretation of the rules applicable to international contracts. Juridical Tribune, 12(1), pp.68-79. 10.24818/TBJ/2022/12/1.05. Repositório Institucional UPT, http://hdl.handle.net/11328/4004
Abstract: International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.
URI: http://hdl.handle.net/11328/4004
ISSN: 2247-7195 (Print)
2248-0382 (Online)
Appears in Collections:IJP - Artigos em Revistas Internacionais / Papers in International Journals

Files in This Item:
File Description SizeFormat 
5. Mimoso, Azevedo.pdf259.9 kBAdobe PDFView/Open


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.