A transferência de risco no contrato de compra e venda internacional de mercadorias - abordagem na ordem jurídica Moçambicana

Abstract

In this course completion work, a reflection is made on the transfer of risk in the international contracts and sale of goods, the approach begins by bringing the concept of international trade contract, the criteria for determining the internationality of international contracts, followed by the analysis of the Viena Convention for the Purchase and Sale of Goods of 1980 where an approach is made to the principles and previous work of it until the culmination of the Convention Next, the reflection on the transfer of risk itself is made, bringing the concepts of risk, the types of risk to be applied in cases of transfer, procedures applicable to risk situations. Finally, the work analyzes the approach to risk transfer in the Mozambican legal system since the application of the Vienna Convention, the Incoterms, the Lex mercatoria. of the uses and principles of UNIDROIT. The Mozambican legal system recognizes the uses and customs of international law, so the Incoterms and the Lex Mercatoria are recognized as sources of international trade law, in addition to the Law of Conflicts, the principle of autonomy of contracts, the rules of Conflict of Obligations Law of the Civil Code and the legal regime of risk in the Civil Code are the basis for understanding the regulation of risk transfer in contracts of Inter buying and selling in Mozambique