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LEX MERCATORIA E OS REFLEXOS NO DIREITO COMERCIAL BRASILEIRO.

Authors :
EDUARDO DEMATHÉ, JOÃO
MANSUR GIBRAN, SANDRO
CAMARGO ZIENTARSK, VINÍCIUS
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]

Details

Language :
Portuguese
ISSN :
1678569X
Volume :
2
Issue :
40
Database :
Academic Search Index
Journal :
Revista Percurso
Publication Type :
Academic Journal
Accession number :
153886000