COMPANIES DON'T SIGN CONTRACTS, THEY ARE REPRESENTED BY SOMEONE
General Context
- Tells us the operation, the contract is the essential and necessary element for the
undertaking of cross-border trade
- The contract outline the operation and ideally - list all its peculiarities, providing
elements for the solution of any and all controversy from its application
DEFINITION
An international contract: is a contract the contains the elements that allow it to be linked to
more than one legal system, has as its objects an operation that involves the double flow of
goods a across the borders, or which drives directly from its nature
Internationality of the contract
- the internationality of the contract derives from intrinsic elements of the business
- The will of the parties is not in a position to transform an internal contract into an
international one, needs to have a connection with the abroad
- It has no direct relation to any geographically outlined legal order
- It has links to two or more separate legal systems
TYPES OF VINCULATION
- Nationality of the contracting parties EX: commercial representation agreement,
where the represented is a Belgian person and the representative is a brazilian
person. You represent a belgian brand in Brazil
- domiciles of the parties EX: a canadian - based company that contracts to a export
its goods to spain for sale by a person residing there, a canadian person that was
contracted by a belgian company
- the place of the formation of the contract - electronic contracts in which the parties
conclude the contract at a distance, by electronic correspondence
- place of execution - a car exported from germany to brazil although parties are in
Brazil
Jurídica criterial x monetary criteria
● legal criteria: factors that make it possible to connect the contract to more than one
existing legal system (nationality domicile, object)
● monetary criteria - flow of value and assets between two systems, examination of the
economic impact of the operation of the economic impact of the operation (currency,
financial operation) EX - vat exported from germany to brazil and paid in euro,
although brazilian and german parties are in brazil
Um contrato pode ser considerado inválido
Eclectic criterias
General Context
- Tells us the operation, the contract is the essential and necessary element for the
undertaking of cross-border trade
- The contract outline the operation and ideally - list all its peculiarities, providing
elements for the solution of any and all controversy from its application
DEFINITION
An international contract: is a contract the contains the elements that allow it to be linked to
more than one legal system, has as its objects an operation that involves the double flow of
goods a across the borders, or which drives directly from its nature
Internationality of the contract
- the internationality of the contract derives from intrinsic elements of the business
- The will of the parties is not in a position to transform an internal contract into an
international one, needs to have a connection with the abroad
- It has no direct relation to any geographically outlined legal order
- It has links to two or more separate legal systems
TYPES OF VINCULATION
- Nationality of the contracting parties EX: commercial representation agreement,
where the represented is a Belgian person and the representative is a brazilian
person. You represent a belgian brand in Brazil
- domiciles of the parties EX: a canadian - based company that contracts to a export
its goods to spain for sale by a person residing there, a canadian person that was
contracted by a belgian company
- the place of the formation of the contract - electronic contracts in which the parties
conclude the contract at a distance, by electronic correspondence
- place of execution - a car exported from germany to brazil although parties are in
Brazil
Jurídica criterial x monetary criteria
● legal criteria: factors that make it possible to connect the contract to more than one
existing legal system (nationality domicile, object)
● monetary criteria - flow of value and assets between two systems, examination of the
economic impact of the operation of the economic impact of the operation (currency,
financial operation) EX - vat exported from germany to brazil and paid in euro,
although brazilian and german parties are in brazil
Um contrato pode ser considerado inválido
Eclectic criterias
