CISG 제50조의 대금감액청구권에 관한 연구

• 영문명: A Study on the Price Reduction under Article 50 of CISG
• 발행기관: 한국무역연구원
• 저자명: 조현숙(Hyun-Sook Choa)
• 간행물 정보: 『무역연구』제12권 제2호, 481~497쪽, 전체 17쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2016.04.30

영문 초록

The CISG shows the obligation of seller and buyer and remedy against the breach of contract. One of the remedy for the buyer is price reduction under article 50. It is useful for the buyer compared with other remedies such as damages. Therefore, it might be needed to understand price reduction. This paper examines its conditions of application and the calculation method under article 50 CISG. It descriptively analyzes specially some issues that are controversial and suggests possible solutions to resolve these issues. The issues are dived into two parts. One is related to the conditions of application such as third party claims, time limit for the buyer to exercise the price reduction remedy, and the omission to hand over the documents. The other is about calculation of price reduction such as the place of calculation, interest and the place of reimbursement. The final goal of this paper is the parties who are involved in international trade transaction, may understand better about price reduction unde CISG and get the chance to use it in practice according to the suggestions.

목차

I. 서 론

Ⅱ. CISG Art. 50의 주요 내용과 타 법률과의 비교

Ⅲ. CISG Art. 50상 매수인의 대금감액청구권의 요건

Ⅳ. 감액대금의 산정

Ⅴ. 결 론

References

키워드

CISG Damage Price Reduction Remedy