1980 국제물품매매계약에 관한 UN협약(CISG)의 해석과 적용

• 영문명: Interpretation and Application of CISG
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이진기(Jin-Ki Lee)
• 간행물 정보: 『비교사법』比較私法 제17권 제2호, 211~246쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

CISG is a uniform law and at the same time a kind of codex, which must be recognised as belonging to a autonomous and independent legal order than the traditional nation produced law. A uniform methode of interpretation is indispensable in order to achieve and further the unification purpose of the Convention. The Convention strives to ensure a uniform interpretation and application through Art. 7 CISG. Uniformity can be only achieved by disallowing a homeward trend. Clear and unambiguous language is mostly regarded as a statute's primary source of meaning. But translation is special skill of its own. The interpretation of CISG follows the general methode of interpreting international treaties. Vienna Treaties Convention is widely regarded as embodying general principles of international law which can be used even by non-contraction nations. Art. 31-33 Treaties Convention provide a general framework of elements for interpretation - text, context, legislative history and purpose. Interpretation with respect to Conventions like CISG that tries to unify substantive law persues the uniform application of this instrument. Good faith in Art. 7 I CISG goes beyond the interpretation of the Convention alone; it is tied up with the performance of the contractual obligations. Good faith gives a court to build greater certainty to contractual parties, specially to party autonomy or freedom of parties. In order to understand and apply the unintended gap-filling provision of Art. 7 II CISG, it is essential to make clear distinction between the matters that are governed by the Convention and those which are not. The tool used to fill the gap in Convention is the analogous application of existing provisions. The methodical analysis concerning Art. 7 II CISG is theoretically relatively easy to achieve, but the use of general principles to solve controversies should also be kept in mind.

목차

I. 글을 시작하며

II. CISG - 국제통일법의 제정

III. 통일적ㆍ일원적 해석의 요청

IV. 글을 마치며

키워드

통일매매법 통일적 해석 자율적 해석 신의칙 일반원칙 조약법협약 행위준칙 해석준칙 통일법 내국법배제. Uniform Law Bona Fides Good Faith Vienna Convention on the Law of Treaties Autonomous Interpretation CISG Treu und Glauben General Principles.