ARBITRATION CLAUSE AND NULL CONTRACTS: AUTONOMY OF THE ARBITRATION CLAUSE AND THE FAVOR CONTRACTUS PRINCIPLE
DOI:
https://doi.org/10.5433/2178-8189.2010v14n0p9Keywords:
Contract. Arbitration, Arbitration agreement, SeparabilityAbstract
This presentation aims the study of an important issue related to arbitration: the arbitration clause and the principle of separability. Firstly, it’s necessary to identify the principle and its peculiarities, the reason for existence, and its function. Then, favor contractus principle, a subject quite discussed by contemporary practices, will be approached. The valid arbitration clause inserted into a null contract is discussed with theoretical and practical arguments. As a conclusion, the prevalence of the separability is reached. In a practical case, the arbitration clause shall prevail and the discussions shall be settled by arbitration procedure.
Downloads
Published
2010-12-15
How to Cite
Glitz, F. E. Z., & Sampaio, R. C. (2010). ARBITRATION CLAUSE AND NULL CONTRACTS: AUTONOMY OF THE ARBITRATION CLAUSE AND THE FAVOR CONTRACTUS PRINCIPLE. Scientia Iuris, 14, 9–24. https://doi.org/10.5433/2178-8189.2010v14n0p9
Issue
Section
Artigos
License
The journal reserves the right to modify, in the original text of the submitted article, normative, spelling and grammatical mistakes in order to maintain the cultured standard of language and the credibility of the journal. The journal will respect the authors' writing style. Changes, corrections or suggestions of conceptual order will be sent to the authors, when necessary. In such cases, the articles will be re-examined. The final exams will not be sent to the authors. The published works become the property of the journal, in other words, its total or partial reprinting is subject to the express authorization of the journal. In all subsequent citations, the original source of publication shall be cited and in the case of Photographic Speeches, shall be approved by the original author. The opinions expressed by the authors of the journal’s articles are of their sole responsibility.
