The THE APPLICABILITY OF THE CONSTITUTIONALIZATION OF PRIVATE LAW IN INTERNATIONAL COMMERCIAL RELATIONS

THE APPLICABILITY OF THE CONSTITUTIONALIZATION OF PRIVATE LAW IN INTERNATIONAL COMMERCIAL RELATIONS

Abstract

The purpose of this article is to analyze the process of constitutionalization of private law and its effects on the formation of international contracts. Starting from a historical development from a liberal vision of the dichotomy of public or State law and its separation from private law, to the institutionalization of the notion of the provider State and the emergence of neoconstitutionalism, which placed the Magna Carta on another level of performance and applicability of its guiding principles in relation to other branches of the law. With this, we will seek to understand the real impacts that this new interpretation has had on international contracts and the necessary adaptation of them to the principles of good faith and human dignity.