Cláusula de hardship: um instrumento de conservação dos contratos internacionais

Abstract

International contracts are subjected to the instabilities and changes inherent to foreign trade. For gathering negotiators of such different origins in the world, foreign trade ends up being a result of internal economical and political conditions of each Estate. The susceptibility of the contracts signed by international individuals from different nationalities to the constant changes of worldwide reality made uncertainty present in these relations, increasing juridical insecurity and also the risks. The hardship clause, mechanism of contractual renegotiation, was created in this scenario and it is an instrument that has shown to be able to guarantee the contractual balance, preserving it’s economic function and, therefore, preserving the contracts.