국제물품매매계약에 관한 유엔협약과 우리법의 비교적 검토

• 영문명: A Comparative Review of the CISG and Korean Private Law
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최흥섭(Heung-Sub Choi)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 1~60쪽, 전체 60쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

On 17 February 2004, Korea deposited its instrument of accession to the United Nations Convention on the International Sale of Goods (CISG) with the Secretary-General of the United Nations. Following this development, the CISG will enter into force, insofar as Korea is concerned, in March 2005. Therefore, the similarities and differences between the CISG and Korean Law need to be examined. In this article seven major issues are comparatively reviewed, such as sphere of application, formation of contract, rights and obligations of the seller and of the buyer, seller's responsibility for goods, passing of risk, avoidance of contract, and damages. This review reveals that there exist significant differences between the CISG and Korean Law, for example, on the revocability of an offer, contractual responsibility, remedies, the meaning of breach of contract, the limitation of damages, and so on and so forth. The differences are partly derived from both the reasonable character of the CISG and the defects in Korean Law. Thus, this article underscores the imperative need to amend Korean law in conformity with its obligations under the CISG.

목차

Ⅰ. 서 론

Ⅱ. 적용 문제

Ⅲ. 계약의 성립

Ⅳ. 매도인과 매수인의 권리와 의무

Ⅴ. 매도인의 담보책임

Ⅵ. 위험의 이전

Ⅶ. 계약해제

Ⅷ. 손해배상

Ⅸ. 결 론

참 고 문 헌

【ABSTRACT】