IN PURSUIT OF AN UNIFORM DIALOGUE BETWEEN THE EUROPEAN UNION, UNITED STATES AND BRAZIL: A COMPARATIVE ANALYSIS OF THE CONFLICTUAL CONTRACT NORMS IN INTERNATIONAL TREATYS

Abstract

The Law settles itself in the permanent dialogue, as it happens in the municipal sphere of the States, or in the international dimension. In this dimension, there is a progressive movement dedicated to the unification or harmonization of predetermined sectors of Private Law. One of those sectors is the conflict of laws in contracts, which is faced differently by European Union, the United Sates and Brazil. Before the Comparative Law all of them face the same problem: how to solve the conflict of laws in contractual issues, although they are juridical systems oriented by different values, history and culture. In terms of the characteristics of the juridical systems there are founded three legal families, grouped as Romanistic-French Law, Germanic Law and common Law; in all of them there are different treatments of the conflicts of laws in contractual issues. The dialogue between the three legal families, represented by European Union, the United Sates and Brazil is possible only through international treaties, which should be elaborated in respect of the differences of the legal systems. Between unify and harmonize the Law it should be in conformance with certain values, mainly justice, since the unification of the juridical institutions, in many times, force the adoption of incompatible measures in relation to a legal system. In the conflicts of laws in contractual issues it is important to mention that to give an ample party autonomy, which allows the parties to elect the Law applied may not represent the respect to justice, neither restrict the party autonomy excessively. There are species of contracts which are supported by an ample party autonomy, a conflictual autonomy and others which demand a special State or international care, electing, therefore, other connecting factors as the place of the celebration and the place of performance.