물품계약위반시 합리적인 기간 내의 부적합통지의무에 관한 연구

• 영문명: A Study on the Duty of Nonconformity Notification within a Reasonable Period in Case of Breach of Contract for Goods
• 발행기관: 한국중재학회
• 저자명: 김은빈
• 간행물 정보: 『중재연구』제32권 제4호, 33~51쪽, 전체 19쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2022.12.31

영문 초록

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

목차

Ⅰ. 서론

Ⅱ. 물품계약위반과 통지의무

Ⅲ. 물품계약위반의 합리적인 기간에 관한 외국판례와 중재판정의 태도

Ⅳ. 결론

참고문헌

키워드

CISG Breach of Contract Conformity of goods Duty to notify Reasonable time