국제물품매매계약의 성립에 관한 서식분쟁 해결의 타당한 접근법

• 영문명: A Proper Approach of the Battle of the Forms on the Formation of Contract in the International Sale of Goods
• 발행기관: 한국국제상학회
• 저자명: 우광명(Kwang-myung Woo) 노현수(Hyun-soo Roh)
• 간행물 정보: 『국제상학』國際商學 第23卷 第2號, 5~25쪽, 전체 21쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

  Standard form contracts have been commonly used in international commercial transactions since at least the late nineteenth century. In a typical commercial transaction for the sale of goods, the transaction is not confined to one standard form contract. The battle of forms that result from the exchange of standard form contracts. There are two main questions that have to be solved in the battle of forms. That is, Is there a contract? and If there is, what are the terms of the contract?
  There are many methods to solve in the battle of forms transactions, including mirror image rule, first shot doctrine, last shot doctrine, CISG and knock-out rule, etc. When dispute arise on the formation of contract in the International sale of goods, some courts apply the last shot rule, some the knock-out rule and some fabricate alternative solutions. The different solutions bring uncertainty in international transactions whereby decisions depend on the judge handling the particular case.
  In recent, the UNIDROIT Principle and PECL have explicit provisions that deal with the issue of battle of forms. Both incorporate the knock-out rule in the determining the terms of the contract. Therefore, I suggest that a proper approach to resolve the battle of the forms is the knock-out rule and code"s gap-fillers applying.

목차

Abstract
Ⅰ. 서론
Ⅱ. 서식분쟁의 의의
Ⅲ. 서식분쟁 해결의 주요 방식
Ⅳ. 서식분쟁 관련 주요 판례
Ⅴ. 서식분쟁 해결을 위한 타당한 접근법
Ⅵ. 결론
참고문헌

키워드

Battle of the Forms Mirror Image Rule First Shot Doctrine Last Shot Doctrine CISG UCC