Open AccessThe need for a harmonious interpretation of the rules applicable to international contracts
Author(s) -
Maria João Mimoso,
Liz Corrêa de AZEVEDO
Publication year - 2022
Publication title -
juridical tribune
Language(s) - English
Resource type - Journals
eISSN - 2248-0382
pISSN - 2247-7195
DOI - 10.24818/tbj/2022/12/1.05
Subject(s) - interpretation (philosophy) , interpreter , normative , convention , process (computing) , context (archaeology) , harmonization , standardization , discipline , law and economics , vienna convention on the law of treaties , globalization , political science , doctrine , international law , law , business , economics , computer science , public international law , paleontology , physics , acoustics , biology , programming language , operating system
International trade, as of result of globalization and the consequent exponentialgrowth in the operations volume, has brought a movement of reflection on the disciplinaryrules of international trade relations. In this context and considering the significantdivergences between the legal regimes of the different States, the instruments ofstandardization and harmonization of the international contracts’ disciplinary rules assumespecial importance. Notwithstanding the existence of normative instruments that guide theformation and execution of the signed agreements, it is imperative that the hermeneuticactivity of such texts is also harmonious, under penalty of distorting the purpose for whichthey were conceived. Through the analytical method, we will approach the unifying rules andprinciples of the process of interpreting contracts in the international scenario. Initially, wewill present the principle that guides the entire process of interpreting internationalcontracts, 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 theparties contained in the Vienna Convention on the International Sale of Goods 1980, CISG,and in the UNIDROIT Principles applicable to international commercial contracts, version2016.