Quando as regras de direito internacional privado levam à aplicação da lei de um estado contratante da CISG - artigo 1(1)(B): apreciação na jurisprudência brasileira

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG), a relevant tool for uniform rules governing specific international contracts, has been recently in ternalized by Brazil. Yet the case law of the Convention is erratic. However, by the end of 2015, the Appeal Court of Rio Grande do Sul, in Vogel v. Imetal, dealt with CISG sphere of application; specifically, article 1(1)(b). This rule provides that CISG applies whenever the rules of private in ternational law lead to the application of the law of a Contracting State. While evaluating the decision, this paper aims at clarifying the meaning of the concerned provision, which appears counter-intuitive at first-hand: parties to the contract may have their place of business in non Contracting states and still CISG applies. Besides that, when we compare the case with one ruled by the Superior Tribunal of Justice, Atecs v. Rodrimar, in 2009, one can deepen the comprehension of the provision. The paper concludes that though rules of private international law can lead to the application of the Convention, autonomy of parties adds complexity to this application.