CISG상의 중대한 계약위반원칙 적용에 관한 연구

• 영문명: A Study on the Application of Doctrine of Fundamental Breach of Contract in CISG -Focusing on the Perspective of the U.C.C's Perfect Tender Rule-
• 발행기관: 한국국제상학회
• 저자명: 하충룡(Choong-lyong Ha) 고승만(Seung-man Go)
• 간행물 정보: 『국제상학』國際商學 第28卷 第3號, 51~71쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

This article deal with the commercial consequences of two significant differences between sales contract law under Article 2 of the Uniform Commercial Code(Perfect Tender Rule) and sales contract law under the Convention on Contracts for the International Sale of Goods(Fundamental Breach of Contracts). Although the UCC and the CISG contain similar language regarding the buyer's ability to return defective goods, the buyer's rights and the seller's corresponding duties vary in significant ways. Some scholars have insisted that as whether a fundamental breach has occurred is subject to much interpretation, the strongest argument against the application of the CISG, especially with respect to non-conforming goods and fundamental breach, is its lack of legal certainty and predictability. For this reason it is still common practice for many business people and their legal advisors to automatically opt out of the CISG. The purpose of this article is not to provide a critical analysis of the doctrine of fundamental breach and rule of perfect tender but find condition more applicable in the international transaction. One of the main goals of the CISG is the preservation of the contract and the parties' obligations, accordingly, the doctrine of fundamental breach makes it extraordinarily difficult to avoid the contract. In such cases, we need worry about the increased costs and burdens which accompany the avoidance of a contract. So it is necessary to examine CISG's Fundamental Breach of Contracts in the practical point of view and international scene.

목차

Abstract

Ⅰ. 서론

Ⅱ. 중대한 계약위반 원칙과 완전이행 원칙의 전반적인 특징

Ⅲ. 완전이행 원칙의 기본개념과 이를 적용한 계약해제

Ⅳ. 중대한 계약위반 원칙의 성립요건과 이를 적용한 계약해제의 문제점

Ⅴ. 결론

참고문헌

키워드

Breach of Contract Avoidance U.C.C CISG Fundamental Breach of Contract Perfect Tender Rule Rejection