{"title":"对适用于国际合同的规则进行和谐解释的必要性","authors":"Maria João Mimoso, Liz Corrêa de Azevedo","doi":"10.24818/tbj/2022/12/1.05","DOIUrl":null,"url":null,"abstract":"International trade, as of result of globalization and the consequent exponential\ngrowth in the operations volume, has brought a movement of reflection on the disciplinary\nrules of international trade relations. In this context and considering the significant\ndivergences between the legal regimes of the different States, the instruments of\nstandardization and harmonization of the international contracts’ disciplinary rules assume\nspecial importance. Notwithstanding the existence of normative instruments that guide the\nformation and execution of the signed agreements, it is imperative that the hermeneutic\nactivity of such texts is also harmonious, under penalty of distorting the purpose for which\nthey were conceived. Through the analytical method, we will approach the unifying rules and\nprinciples of the process of interpreting contracts in the international scenario. Initially, we\nwill present the principle that guides the entire process of interpreting international\ncontracts, pointing out the fundamental principles in conducting the interpreter's activity.\nWe will also note the importance of usages and customs in the interpretive process. Finally,\nwe will analyze the rules on the interpretation of contracts and unilateral declarations of the\nparties contained in the Vienna Convention on the International Sale of Goods 1980, CISG,\nand in the UNIDROIT Principles applicable to international commercial contracts, version\n2016.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The need for a harmonious interpretation of the rules applicable\\nto international contracts\",\"authors\":\"Maria João Mimoso, Liz Corrêa de Azevedo\",\"doi\":\"10.24818/tbj/2022/12/1.05\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"International trade, as of result of globalization and the consequent exponential\\ngrowth in the operations volume, has brought a movement of reflection on the disciplinary\\nrules of international trade relations. In this context and considering the significant\\ndivergences between the legal regimes of the different States, the instruments of\\nstandardization and harmonization of the international contracts’ disciplinary rules assume\\nspecial importance. Notwithstanding the existence of normative instruments that guide the\\nformation and execution of the signed agreements, it is imperative that the hermeneutic\\nactivity of such texts is also harmonious, under penalty of distorting the purpose for which\\nthey were conceived. Through the analytical method, we will approach the unifying rules and\\nprinciples of the process of interpreting contracts in the international scenario. Initially, we\\nwill present the principle that guides the entire process of interpreting international\\ncontracts, pointing out the fundamental principles in conducting the interpreter's activity.\\nWe will also note the importance of usages and customs in the interpretive process. Finally,\\nwe will analyze the rules on the interpretation of contracts and unilateral declarations of the\\nparties contained in the Vienna Convention on the International Sale of Goods 1980, CISG,\\nand in the UNIDROIT Principles applicable to international commercial contracts, version\\n2016.\",\"PeriodicalId\":41903,\"journal\":{\"name\":\"Juridical Tribune-Tribuna Juridica\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2022-04-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Tribune-Tribuna Juridica\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24818/tbj/2022/12/1.05\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Tribune-Tribuna Juridica","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24818/tbj/2022/12/1.05","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
The need for a harmonious interpretation of the rules applicable
to international contracts
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.