Resumen

CALDERON MARENCO, Eduardo Andrés. Incoterms through Conflictual Autonomy. Derecho glob. Estud. sobre derecho justicia [online]. 2019, vol.5, n.13, pp.87-114.  Epub 28-Ago-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i13.245.

In the last decades, within the merchants' society a new legal system has been established, allowing the resurgence of the Lex Mercatoria as a source of this Law. This has generated a wide debate around the appearance of the new Lex Mercatoria in international commercial law, discussing, among many aspects, its role in the system of legal sources and, consequently, its aptitude to be a source of law in the resolution of commercial conflicts both in the State jurisdictional scope and in the arbitral level. Before this we must explain the reasons for the validity of conflictual autonomy in this sector, and analyze the conditions and consequences of a choice of law applicable in the law of international contracts, as well as their limits, which will lead us to determine the application of Lex Mercatoria by virtue of the conflictual autonomy of the parties and, more specifically, the choice of Incoterms as a manifestation of this new legal system.

Palabras llave : Lex Mercatoria; Incoterms; Conflict Autonomy; State; International Trade.

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