중국에서 국제물품매매협약의 준거법 지정에 관한 고찰

• 영문명: A Study on Application of a CISG in China
• 발행기관: 경희법학연구소
• 저자명: 김여선(Kim, Yeu-Sun)
• 간행물 정보: 『경희법학』제42권 제2호, 171~187쪽, 전체 17쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna in 1980. The CISG is a treaty offering a uniform international sales law that, as of 2006, had been ratified by 70 countries that account for three-quarters of all world trade. It came into force as a multilateral treaty on January 1, 1988, after being ratified by ten countries. Countries that have ratified the CISG are referred to within the treaty as Contracting States. China was the tenth signatory state to the CISG and pursuant to Article 99(1) the CISG became effective in China on January 1, 1988. Remember that China made a declaration to exclude Article 1(1)(b) which makes the application of Chinese domestic law potentially more frequent. Korea had entry into the CISG in 2003. Korea-China is very important a strategic partner on international transaction. So this Article on the basis of summarizing the practicing status of CISG in China, this easy generally analysed China s accession and application to CISG as well as the great influence that CISG has exerted to China s legislative and judical as well as the trade practice. China had enacted two sets of Contract laws namely, the Economic Contract Law (ECL) and the Foreign Economic Contract Law (FECL). However, on March, 1999, China has passed a unified contract code - the Contract Law of the China. Whether the new contract law becomes applicable at that date is not clear, hence this paper considers what is presently in force. Since the entry into force of the CISG in China, more and more foreign trade contracts have added the Convention as the applicable law to the contracts with their Chinese counterparts. But when China had three laws regarding economic contracts, the CISG’s influence and popularity was limited only to those contracts involving foreign trade and economy. In the past, when Chinese parties negotiated with foreigners, they naturally regarded FECL as a reliable protector, while the foreign parties, for bargaining, insisted on their own internal laws. As a compromise, the CISG and other international sources may finally prevail as neutral alternatives. The ratification of the CISG expressed the government’s attitude toward it. The CISG and its application in China enhanced at least the foreign trade companies, used to affiliate to MOFTEC, to seriously evaluate the merits of their sales contracts with parties whose place of business is in another contracting state. In order to deepen the understanding of the CISG, MOFTEC selected it as required referential material to disseminate an elementary knowledge of law.

목차

Ⅰ. 서 설

Ⅱ. 국제물품매매협약과 중국

Ⅲ. 중국의 준거법 지정 원칙

Ⅳ. 법원의 국제물품매매협약 준거법 지정

Ⅴ. 중재원의 국제물품매매협약 준거법 지정

Ⅵ. 결 론

키워드

국제물품매매협약 분쟁해결 중국 준거법 관할 계약법 중재원 CISG China lex-fori jurisdiction contract law CIETAC Court