Tratados internacionais considerados como contratos em face de suas condições de validade e princípios regedores

Abstract

The treaty is the most important legal transaction in the context of international law. Considered a legal business sui generis ever wondered compare it to the contract, except with respect to "contract-treated." However, after a brief examination, it was found that there is a correlation between treaties and contracts, especially in regard to their conditions of validity and the principles aldermen. Both have as a condition of validity the ability of the parties a lawful object and possible (contracts must also be determined or determinable), free expression of the will of the parties Covenanters, and shape (treaties must be written, as prescribed in the contracts only or not prohibited by law). With regard to principles, treaties are governed by pacta sunt servanda and rebus sic stantibus and contracts for the autonomy of the will, consensualism, obligation of contracts and good faith, only the second of these may not be applicable to treaties, which will see in this work.