국제물품매매통일법상 목적물의 적합성결여에 대한 담보책임범위에 관한 고찰

• 영문명: A Study on the Liability for Lack of Conformity under International Sales Law
• 발행기관: 한국상품학회
• 저자명: 서정일(Jeong IL Suh)
• 간행물 정보: 『상품학연구』제28호, 1~18쪽, 전체 18쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

Liability of the Seller The seller is liable in accordance with the contract and International Sales Law for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time. The seller's duties are determined primarily from the terms of the contract. Furthermore, that the seller must deliver and transfer the goods according to the pertinent documents. The transfer is governed by the domestic law chosen by conflict-of-law rules. Although the obligations of the seller and remedies for the breach of contract, it should be noted that some of the obligations is upon the buyer to examine the goods or cause them to be examined within as short a period as is practicable in the circumstances. No such duty exists under the sale of goods legislation. The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and International Sales Law. Lack of Conformity Buyer may choose to take the defective goods and claim compensation for the defects. The International Sales Law spells out in considerable detail seller's obligations as to conformity of the goods. The goods must not only be “of the quantity, quality and description required by the contract,” but also “fit for the purposes for which goods of the same description would ordinarily be used”. If buyer is correct in concluding that they are not of the required quality, seller has failed to meet this obligation as to conformity. Because liability is strict liability, it makes no difference, even as to conformity, that seller's failure was not his fault. Buyer can at least hold seller liable for damages or reduce the price because of the lack of conformity. Conclusion The conclusion that seller has failed to meet his obligations is, however, subject to a number of exceptions. If, for example, buyer examined the goods before making the contract and then not have been aware of the lack of conformity, seller is not liable for that lack of conformity. Furthermore, if seller has included in the contract a provision effectively disclaiming liability for the lack of conformity, seller is not liable for the lack of conformity. The buyer may claim damages in circumstances specifically set out and, in addition, exercise other specific rights. In this regard, International Sales Law is more pragmatic than the domestic legislation.

목차

Ⅰ. 契約違反과 物品의 契約適合性

Ⅱ. 物品의 不適合性 範圍

Ⅲ. 買受人의 物品檢査 및 不適合性 通知義務

Ⅳ. 瑕疵通知에 따른 損害賠償 判斷範圍

Ⅴ. 結語

참고문헌

Summary