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LEX MERCATORIA E OS REFLEXOS NO DIREITO COMERCIAL BRASILEIRO.
- Source :
-
Revista Percurso . 2021, Vol. 2 Issue 40, p254-273. 20p. - Publication Year :
- 2021
-
Abstract
- This study aims to understand the application of lex mercatoria to Brazilian Commercial Law, that is, how it can use this important source of International Law. The research is hypothetical-deductive, descriptive and bibliographic. The lex mercatoria, a phenomenon that goes back to the medieval period, although it has undergone changes and evolved over time, does not find, in doctrine, a unique concept. There are those who argue that it is an autonomous legal order while others advocate it being an alternative to domestic law and, still, those who argue that it is a complementary rule. In spite of the classification / definition adopted, the fact is that lex mercatoria plays an important role, mainly complementing domestic law, given the impossibility of legal norms to accompany the evolution of commercial relations, especially at the international level. Therefore, customs and uses can be used by the judge in deciding the specific case. Amid this scenario, a question arouses interest. It concerns the application of the lex mercatoria, source of international law, to commercial relations, that is, governed by commercial law, and not restricted to the international sphere. [ABSTRACT FROM AUTHOR]
- Subjects :
- *COMMERCIAL law
*MIDDLE Ages
*INTERNATIONAL law
*DECISION making
*DEFINITIONS
Subjects
Details
- Language :
- Portuguese
- ISSN :
- 1678569X
- Volume :
- 2
- Issue :
- 40
- Database :
- Academic Search Index
- Journal :
- Revista Percurso
- Publication Type :
- Academic Journal
- Accession number :
- 153886000