Contratos internacionales

Jaime Ignacio Cervantes Castellanos

Maria Guadalupe Papacetzi Andrade
Actividad 6
21 de febrero 2023
Universidad Tecmilenio
 Activity
1. Read the following case carefully
2. Analyze the problematic situation in the case below.
A company in Brazil wants to buy avocado to a company in Mexico. They are about to sign an international sales
contract. The owner of the Brazilian company comes to Mexico to conclude the contract and make appropriate operations.
But there is a problem: the owner has no visa to enter Mexico; he instead brings a power of attorney in Portuguese.

3. Present a solution according to law:

Would you advise the owner of the Mexican company to sign the contract with a power of attorney that has no effect in
Mexico?

No, because it is not valid in Mexico and may cause legal problems in the
processing of the material. The procedure must be carried out in front of the
Apostille Authority in the country. This is also a disadvantage for the company,
since the legal documents required to prove the signature of the contract cannot be
produced. Modern uniform legal treaties apply to international contracts if

By stating the requirements for their regional and substantive application, the cross-
border contracts and correspondence to which they apply must meet

Therefore, it is considered a better option to wait for the other party to have the
necessary legal documents to sign the contract so that it will be effective under the
law of the country.

4. What would you do so that the Brazilian representative enters Mexican territory to sign the contract?

Under article 52 of the Immigration Law, no visa is required for the owner, in
this case a Brazilian, to enter into a contract in Mexico.

Article 52 Foreigners may remain in the national territory under the conditions of
visitor, temporary resident or permanent resident, provided that they meet the
requirements established in this Law, its regulations and other applicable laws.
 According to the rules established in this article, it is recognized that in the case
of this foreigner

I. Unauthorized remunerated activity of a tourist.

Foreigners are authorized to transit or remain in the national territory for a period
not exceeding 180 days from the date of entry. I. Carrying out remunerated
activities in the country without a permit. State

II.Visitors authorized to carry out remunerated activities.

Foreigners with an authorized function and invited by the authorities or others.

Foreigners invited by academic, artistic, sports or cultural institutions and paid
for their services. Foreigners who stay in the country or come to Japan to
perform seasonal paid activities and stay in the country for a period not
exceeding 180 days, based on an inter-agency agreement with a foreign
company. are calculated from the date of entry into the country. Therefore, in
order for a Brazilian to successfully enter Mexico, the Mexican owner must write
a parenthetical letter stating that the purpose of the entry is business travel and
stating article 52. The Brazilian must present this letter in order to successfully
enter the country.

What would you advise to rectify the omissions? Why or why not? Justify your answer with the law.

In some cases, defects or omissions can cause safety problems that, if left
unchecked, can lead to further damage to people and property. Disputes may also
arise over responsibility for the defect or omission. In such cases, the department
may seek to have corrective work performed by others or initiate legal proceedings
in order to recover costs incurred. In order to offset the costs incurred to correct the
defects or omissions, the department must first

First, it must be established that the contractor has a debt owed to the prime
contractor. If this is established and in accordance with the standard contract terms
and conditions set forth in the CWMF, the department may offset the costs incurred
to correct the defects or omissions against payments that would have been made to
the contractor under another contract between the contractor and the prime
contractor.

Thus, in order to conduct sound business, both parties need to cover all of the above
points in order to avoid domestic legal issues.

Conclusion

My suggestion is that the Mexican owner write a petition or card to allow the
Brazilian owner to enter Mexico and continue his business.

My suggestion is for the Brazilian owner to write a petition or card to allow the
Brazilian owner to enter Mexico and continue his business.

In doing so, the Brazilian owner must translate the following documents

And in the process, the Brazilian owner would need to translate the power of
attorney to complete the negotiations and make it valid in both countries.

Authority and validity in both countries

References