Legislação aplicável nos contratos de agência internacional quando são executados dentro do território colombiano, aplicabilidade do princípio da autonomia da vontade: comparativo com a legislação brasileira

Abstract

At least, there are two different ways or norms to execute the International Agency Contract in the Colombian Law for legislative, even though it is not clear which must be applied for the contracts executed in Colombian territory. On the facts, it is possible to say there is a kind of jurisdictional uncertainty in relation to the execution of contracts such as those, generaly those contracts are creating, in this fashion, a jurisdictional anti-nominal instance and instability of commercial contracts. Moreover, this jurisdictional uncertainty, there 1s also, the self-will-power autonomy; this principle is applicable frequently in the international commercial ambiance, so that, the parts may agree with the applicable law in case of contradiction or controversial discussion. This principle is being accepted in several cases of legalization, and rejected in some other cases. Generally, there is a new element to be clarified. Knowing that this contract 1s applied by most of foreign companies in the Colombian marketer and vice versa, it is making easier in this way, "la globalizacion comercial" which becomes worldwide; it is important that the interveners, in this case, make clear which are the rules applicable along the execution of the process of this business. Therefore, by means of this project, it is making clear the uncertainties in relation to the rules of the law applicable to the international agency contract when is executed in Colombia, and so that it is possible to apply the principle of self-will-power-autonomy; furthermore, an analysis will be realized comparing with the law in Brazil.