O princípio da boa-fé no comércio internacional: desafios na sua aplicação entre sujeitos de diferentes sistemas jurídicos

Abstract

This study addresses the principle of good faith in international trade, with particular emphasis on the challenges related to its application between parties from different legal systems. Good faith, as a structuring principle of contractual relations, is recognized in diverse ways across national legal systems, which may hinder its uniform application in transnational contexts. The research begins with a conceptual analysis of good faith in law, examining both its objective and subjective dimensions, as well as its treatment within the Mozambican legal system. It also explores the historical development of the principle in international trade and its recognition in international legal instruments, with emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG). A comparative analysis follows, contrasting the common law and civil law traditions and identifying the main divergences in the application of the principle of good faith. The study then explores the main obstacles to its uniform implementation, including interpretative conflicts, differing expectations between parties, and risks of legal uncertainty. The role of international arbitration as a dispute resolution mechanism is particularly highlighted. Finally, the study presents proposals for harmonizing and overcoming the identified challenges, including the use of choice-of-law clauses, the application of soft law instruments such as the UNIDROIT Principles, and the role played by arbitrators and international courts. This research aims to contribute to the academic debate on the development of a more equitable, predictable, and legally secure international trade framework, with particular relevance for scholars, legal practitioners, and Mozambican economic actors involved in international transactions.