Aviation Law

International Air Contract

Which is?

The current market no longer knows the boundaries, it has not, for a long time, been limited by the territorial markings of the nations. Often, they are celebrated in one country and executed in another. The air market is a great example of this fact.

The two largest manufacturers of large aircraft (Airbus and Boeing) have their respective headquarters and airports in several countries, mainly Airbus. But they both maintain business relationships and, as a consequence, contracts with several other suppliers from various parts of the world. I am referring to Aernnova which supplies parts of BelugaXL, for example, which is a Spanish company (note that both Spain and France are part of the European Union, so this legal relationship is subject to European legislation, a fact which, despite being reckless and does not detract from the international contract).

But what is the international contract?

In this sense, we can consider that a contract is a will agreement by which the parties are legally bound. It is not necessary to elaborate on the details, if bilateral, if formal, among others.

The international contract, as mentioned above, is nothing more than a will agreement that legally binds the parties and which involves more than one legal system, ie, which submits to the right of more than one nation.

The international contract is basically defined by that agreement of wills in which more than one legal order is involved. (MAY, Otávia). (we translated).

Although it seems simple, this type of contract must be analyzed very carefully, since it must predict in which country will be prosecuted actions of this arising, if arbitration will be used, among many other aspects.

Therefore, the tip is when the conclusion of a contract of this kind, such as the purchase of an aircraft in another country, always rely on the consulting and advice of a qualified professional. Thus, you can avoid many problems arising from this contractual relationship.

reference:

MAY, Otávia de Oliveira. Aspectos introdutórios dos contratos internacionais. Revista Eletrônica Direito e Política, Itajaí, v.2, n.3, 3º quadrimestre de 2007. Available at: www.univali.br/direitoepolitica – ISSN 1980-7791