- Introduction to international contract
Lex mercatória: a set of principles and customary rules
spontaneously referred to or elaborated in the context of
international trade, without reference to a particular national
system law → the international business law have most rules
based on lex mercatória
The practices changes through time, but most laws were created
spontaneously by the commercial practice, like Rota da Seda
Unwritten: Lex mercatoria was created without a previous document, but
this does not mean you cannot have a written law. You can write a
contract and countries may celebrate treaties. The unwritten practices
are the heart of lex mercatoria based on the past practices that may
change through time
*Customs or practices are sources of international law*
In internal law the most important is the law itself, but internationally,
because there are too many customs and different internal law, the
customs are more used
contracts and law may be unwritten
A transaction will qualify to be international if elements of more than one
country are involved
Commercial transactions take place between two or more
States beyond their political boundaries → the goods are in one
place and the client is in another, this is the most important
case of international case
The unwritten contracts are more common, the process of buying and
selling for example are unwritten contracts
Lex mercatória: a set of principles and customary rules
spontaneously referred to or elaborated in the context of
international trade, without reference to a particular national
system law → the international business law have most rules
based on lex mercatória
The practices changes through time, but most laws were created
spontaneously by the commercial practice, like Rota da Seda
Unwritten: Lex mercatoria was created without a previous document, but
this does not mean you cannot have a written law. You can write a
contract and countries may celebrate treaties. The unwritten practices
are the heart of lex mercatoria based on the past practices that may
change through time
*Customs or practices are sources of international law*
In internal law the most important is the law itself, but internationally,
because there are too many customs and different internal law, the
customs are more used
contracts and law may be unwritten
A transaction will qualify to be international if elements of more than one
country are involved
Commercial transactions take place between two or more
States beyond their political boundaries → the goods are in one
place and the client is in another, this is the most important
case of international case
The unwritten contracts are more common, the process of buying and
selling for example are unwritten contracts
