中國契約法상 貿易契約不履行관련 規定의 硏究

• 영문명: A Study on the Law of Non-performance of International Sales Contract under the Contract Law of The People’s Republic of China
• 발행기관: 한국통상정보학회
• 저자명: 안영태(Yeong-Tae Ahn)
• 간행물 정보: 『통상정보연구』제8권 제1호, 1~14쪽, 전체 14쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2006.03.30

영문 초록

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties’ liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it’s nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

목차

Ⅰ. 서론

Ⅱ. 중국계약법상 무역계약 이행에 관한 일반법리

Ⅲ. 중국계약법상 무역계약 불이행 관련 규정의 쟁점

Ⅳ. 결론

참고문헌

Abstract

키워드

Chinese Contract Law Non-performance clause