The need for a harmonious interpretation of the rules applicable to international contracts

Maria João Mimoso () and Liz Corrêa de AZEVEDO2 ()
Additional contact information
Maria João Mimoso: Portucalense University; Research at IJP – Instituto Jurídico Portucalense,Portugal
Liz Corrêa de AZEVEDO2: IJP - Jurídico Portucalense, Portugal

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 1, 68-79

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.

Keywords: international trade; harmonizing; standardization; interpretation; CISG; UNIDROIT Principles. (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://tribunajuridica.eu/arhiva/An12v1/5.%20Mimoso,%20Azevedo.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:12:y:2022:i:1:p:68-79

Access Statistics for this article

More articles in Juridical Tribune - Review of Comparative and International Law from Bucharest Academy of Economic Studies Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().