RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS

Authors

  • Nádia de Araújo Pontifícia Universidade Católica do Rio de Janeiro
  • Fabiola I. Guedes de C. Saldanha

Abstract

This work aims to present the recent changes and the current trends of Brazilian Private International Law in the area of international contracts with especial focus on the enforcement of Convention on the International Sale of Goods (CISG) in Brazilian legal order. Historically, the recognition of party autonomy in Private International Law has not been uniformily recognized. While since 1996, with the enforcement of the new Arbitration Law, party autonomy has been increasingly accepted in terms of international arbitration, jurisprudence on the choice of law and the choice of court clauses does not show the same progress. In fact, despite of important documents which have already been signed by the government, Brazilian Private International Law of Contracts still dates from 1942. Such contrast with internal material law represents a challenge for the full recognition of Party Autonmy in Brazilian Private International Law.

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Published

2013-05-30

How to Cite

Araújo, N. de, & Saldanha, F. I. G. de C. (2013). RECENT DEVELOPMENTS AND CURRENT TRENDS ON BRAZILIAN PRIVATE INTERNATIONAL LAW CONCERNING INTERNATIONAL CONTRACTS. PANORAMA OF BRAZILIAN LAW, 1(1), 73–83. Retrieved from https://www.e-publicacoes.uerj.br/pbl/article/view/34359

Issue

Vol. 1 No. 1 (2013): PANORAMA OF BRAZILIAN LAW

Section

Articles

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