[국제물품매매계약]國際商事契約에 있어 契約締結前 過失 責任에 관한 比較 硏究 - CISG, PICC, PECL을 중심으로 -

• 영문명: A Comparative Study on the Pre-Contractual Liability in International Commercial Contracts
• 발행기관: 한국국제상학회
• 저자명: 심종석(Chong-Seok Shim)
• 간행물 정보: 『국제상학』國際商學 제19권 제4호, 3~20쪽, 전체 18쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

Regarding of the fault in negotiating in international commercial contracts, the CISG only mentions the good faith principle m art, 7 (1) winch rules on the interpretation of the convention as a uniform international law text According to that provision, the CISG is to be interpreted and applied in a way that the observance of good faith in international trade is promoted The CISG, however, dose not contain an express provision that the individual contract has to obey the maxim of good faith as well. PICC have not only good faith provision(art.l.7), but negotiations in bad faith(art 2 15[2 1.15]) provision Even more specifically art, 3,10 of the principles refers gross disparity that is a party may avoid the contract or an individual tenn of it If, at the time of the conclusion of the contract, the contract or tenn unjustifiably gave the other party an excessive advantage, PICC further mentions the fault in negotiating in 2.16 refers to duty of confidentiality, art 4 8 refers to supplying an omitted term, art 5 2[5 1 2] refers to implied obligations and so on. Actually these provisions are related to the fault in negotiating. On the other hand PECL conmments to art 1.201, each party must act in accordance with good faith and fair dealing and the parties may not exclude or limit this duty. this provision means not only refer to good faith as a basic principle running through the principle, but also provisions of fault in negotiating expressly state that the liability for negotiations and negotiations contrary to good faith PECL confirm that the art 6 101 (1), statements giving rise to contractual obligation made by one party before or when the contract is concluded is to be treated as giving rise to a contractual obligation if that is how the other patty reasonably understood it in the circumstances, but this provision taking into account the apparent importance of the statement to the other patty, whether the patty was malting the statement in the course of business, the relative expertise of the parties

목차

Abstract

Ⅰ. 序論

Ⅱ. 契約締結前 過失責任에 대한 比較法的 考察

Ⅲ. 契約締結前 果實責任에 대한 判定例

Ⅳ. 結論

參考文獻