Resumo

CANDANO PEREZ, Mabel. THE UNIFICATION OF THE INTERNATIONAL BUSINESS LAW: THE NEW LEX MERCATORIA AS A LAW ALTERNATIVE. Prolegómenos [online]. 2018, vol.21, n.41, pp.149-162. ISSN 0121-182X.  https://doi.org/10.18359/prole.3335.

The New Lex Mercatoria has gained a placed in the unification of the International Business Law to reconcile the fairest way to solve conflicts that take place between merchants. This is displayed into a legal frame known as UNIDROIT principles, even though the fact that there are several legal systems around the world. This article analyzes the advantages brought by the Lex Mercatoria from the international commerce new tendencies as an alternative to the state law. Specially, it is attempted to show through an analytic methodology the causes, nature and outcomes of the UNIDROIT principles to the international contracts. As a consequence, it is concluded that this figure conception is based onto a detailed development of a private encoder with soft terms and, its application is not set aside from the state jurisdictional intervention.

Palavras-chave : international contracts; state law; Lex Mercatoria; UNIDROIT principles.

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