CISG상의 매수인의 물품검사에 관한 연구

• 영문명: A Study on the Examination of Goods of Buyer in the CISG
• 발행기관: 한국국제상학회
• 저자명: 허광욱 (Kwang-uk Heo)
• 간행물 정보: 『국제상학』國際商學 第24卷 第3號, 5~34쪽, 전체 30쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

The purpose of this paper is to study on the examination of goods of buyer in the CISG. Buyer's examination of goods is very important in the international sale of goods. Because the buyer's obligation to examine the goods forms the basis of his obligation to notify the seller of defects under Article 39. And the obligation to examine the goods can give seller the second opportunity to complete his duty fully, if possible, by delivering the missing goods or substitute goods, by repair, or by reducing the buyer's loss in some other way. Article 38(1) is silent about the method the buyer should employ in examining the goods. In general, the manner of inspection will depend on the parties's agreement, trade usages and practices. In the absence of such indicators, a reasonable examination, through and professional examination is required. The purpose of the article 38(1) deadline for examination is to allow the buyer an opportunity to discover defects before the buyer resells, and to permit prompt clarification of whether the buyer accepts the goods as conforming. However the period for examination has been interpreted in a fashion that serves other purposes.

목차

Abstract

Ⅰ. 서론

Ⅱ. 물품검사의 의의

Ⅲ. 물품검사방법

Ⅳ. 물품검사시기

Ⅴ. 결론

참고문헌

키워드

Examination of goods manner of inspection deadline for examination