유엔국제물품매매법(CISG)상의 계약성립 규정과 그 보충가능성에 관한 검토

• 영문명: Supplement of CISG by the provisions of PICC and PECL?
• 발행기관: 한국재산법학회
• 저자명: 최흥섭(Heung-Sub Choi)
• 간행물 정보: 『재산법연구』財産法硏究 第26卷 第3號, 53~85쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.28

영문 초록

CISG leaves a number of aspects concerning commercial sales untouched. That is, CISG presents lots of significant gaps. This is especially due to two characters of CISG; the binding nature and the results of compromise. With regard to the formation of contract in CISG, there are no provisions on the battle of forms, liability of breaking off the negociations, professional's written confirmation and merger clauses. Thus, there are arguments, that the corresponding provisions of UNIDROIT Principles and European Contract Law Principles may serve as a gap-filler in CISG. However, CISG in itself has paragraph 2 of Art. 7 in oder to fill in gaps. According to it, questions concerning matters governed by CISG which are not expressly in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law. I think, that the above-mentioned provisions of two Principles do not correspond to "the general principles on which CISG is based". Therefore, these provisions should be refused to be the gap-filler in CISG, unless two parties comprise to apply the provisions for their contract according to Art. 6 CISG.

키워드

유엔국제매매법 국제상사계약원칙 유럽계약법원칙 계약의 성립 계약교섭의 파기책임 상인간의 확인서면 약관의 충돌 완결조항 CISG PICC PECL formation of contract liability for breaking off negociations professional's written confirmation battle of forms merger clauses