Limitations of CISG and Product Liability Act on Buyer’s Notification Obligation

• 영문명: Limitations of CISG and Product Liability Act on Buyer’s Notification Obligation
• 발행기관: 한국무역연구원
• 저자명: 김은빈(Eun-Bin Kim)
• 간행물 정보: 『무역연구』제18권 제5호, 1~18쪽, 전체 18쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2022.10.31

영문 초록

Purpose - From the time when the existing international trade and international transportation were not smooth enough, the global trade market has rapidly shifted from offline to online and B2C online export has recently emerged as a new trend of export. Unlike companies that import goods in large quantities to date, for individual consumers, as a buyer, it is not easy to deal with material and personal damage due to defects in the imported goods. In CISG, although it is the most important factor in practice in defining the buyer’s obligation to notify of nonconformities, many disputes arise in the ’notification within a reasonable period’. It is not easy to detect defects within two years depending on the changing trade transaction method, and the specific period of the goods may vary. Depending on the characteristics of the goods, defects in the goods may occur after two years, and the period of two years is contrary to the purpose of protecting the buyer. Therefore, the elements of the rigid CISG need to be revised. Design/Methodology/Approach - This paper studies the main issues of the notification obligation of CISG and the Product Liability Act based on the legal approach. Based on the notification obligations of the CISG and the Product Liability Act, the reasonable period defined by the CISG shall be appropriately determined by adapting to specific events rather than uniform. In other words, through case comparison, it was found that CISG had a reasonable period of up to 2 years, but was given a reasonable period of at least 2 years and at least 10 years under the Product Liability Act. Therefore, the amendment is proposed to meet the purpose of protecting the buyer in the CISG’s obligation to notify. Findings - This paper improves the CISG clause, which is rigid and contrary to its purpose, and protects buyers who have suffered losses due to defective goods. Research Implications - This study is meaningful to protect buyers who lose their right to claim nonconformity from defective goods due to the application of CISG provisions that are criticized for being excessively harsh in international commodity trading, which will also be a reference for subsequent studies by other scholars.

목차

Ⅰ. Introduction

Ⅱ. Nonconformity of goods & the Duty of Notification

Ⅲ. Foreign Precedents Decisions Regarding the Reasonable Term of Breach of Commodity Contracts

Ⅳ. Conclusion

References

키워드

Conformity of Goods CISG Obligations of Notices Product liability Reasonable Time