CISG상 약관의 편입에 관한 최근 판례연구

• 영문명: A Case Study on the Incorporation of Standard Terms under the CISG
• 발행기관: 한국무역연구원
• 저자명: 이병문(Byung-Mun Lee) 신건훈(Gun-Hoon Shin)
• 간행물 정보: 『무역연구』제13권 제1호, 347~361쪽, 전체 15쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2017.02.28

영문 초록

This study primarily focuses on the cases recently held as to the incorporation of standard terms under the United Nations Convention on Contracts for the International Sale of Goods (CISG). In order to put forward in the most plausible manner the interpretation of the rules on the incorporation of standard terms under the CISG, it particularly deals with the following. First, it describes and analyzes the rules on the incorporation of standard terms under the CISG by examining scholars’ comments, the legal history of the CISG as well as previous cases. A particular emphasis is placed on the requirements for the standard terms to be effectively incorporated into the contract. Second, it introduces two recent interesting cases regarding the incorporation of standard terms. This case study consists of fact findings, judges’ holdings and also provides some criticism on such holdings. Third, it provides legal and practical advice to contracting parties involved in international sale of goods who are interested in concluding a contract under the CISG as a governing law and particularly intend to incorporate the standard terms into their contract. This study overall finds that the offeror who intends to incorporate his standard terms should ensure that his offer clearly refers to them in every way and the offeree has a reasonable opportunity to take notice of the standard terms’ text.

목차

I. 서론

Ⅱ. 약관의 편입 관련 CISG상 적용범위 및 요건

Ⅲ. 판례분석

Ⅳ. 결론

키워드

CISG Incorporation of Standard Terms Standard Terms