국제물품매매법상 매수인의 계약위반에 대한 구제

• 영문명: Seller's Remedies for Breach of Contract by the Buyer in International Sale of Goods
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이해일(Hai-il Lee)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 781~817쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

『The United Nations Convention on Contracts for the International Sale of Goods』 (hereinafter called 'CISG'), which was prepared by UNCITRAL and adopted by a diplomatic conference at Vienna(1980), was finally entered into force on 1 March 2005, in Korea. By 30 April 2005, 63 States have become parties to this Convention, and two more countries(Gabon& Cyprus) will be a party to CISG within 1 year. This study focuses on the buyer's obligation and remedies of the seller for breach of contract by the buyer on CISG, comparing with those of Civil and Commercial Code in Korea. Compared to the obligations of the seller, the general obligations of the buyer are less extensive and relatively simple; they are to pay the price for the goods and take delivery of them as required by the contract and the Convention. The Convention provides supplementary rules for use in the absence of contractual agreement as to how the price is to be determined and where and when the buyer should perform his obligation to pay the price. And then the remedies of the seller are set forth in connection with the obligations of the buyer. This system makes it easier to use and understand the Convention. In the appendix, current member status of the Convention has been included.

목차

Ⅰ. 머리말

Ⅱ. 買受人의 義務

Ⅲ. 買受人의 契約違反에 대한 救濟

Ⅳ. 결어

[부록]

[참고문헌]

【Abstract】