CISG에서 적용대상거래의 확대가능성

• 영문명: The Applicability of Some Transactions of Goods to the CISG
• 발행기관: 한국국제상학회
• 저자명: 한규식(Kyu-sik Han)
• 간행물 정보: 『국제상학』國際商學 제18권 제3호, 3~18쪽, 전체 16쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

The CISG has been legislated for playing roles as uniform rules which govern international sale of goods. The Convention promoted both the legal certainty and harmonization in international trade in that the uniform rules suggest the appropriate resolution to the legal problems in the course of concluding a contract as well as in remedies for breach of contract. This study starts to make researches on the following issues. The CISG excludes a specific category if sales, which is called a material aspect of applicability such as specific category of goods, specific category of transactions, specific type of sale, and the product liability of the supplier. These issues in some cases, however, can be included in the sphere of applicability of the CISG. The CISG should apply to 1) computer software, 2) the sale of These issues in some cases, however, can be included in the sphere of applicability of the CISG. The CISG should apply to 1) computer software, 2) the sale of goods mixed with services, 3) the product liability of the seller which caused by one goods to loss of or damage to the other goods, and 4) the validity of the contract concluded on the basis of mistake of one party. The application of the Convention to such transactions seems particularly justified if one agrees that the Convention's ultimate goal is the uniform application of its rules.

목차

Abstract

I. 서론

II. CISG의 물적 적용범위에 따른 적용배제 문제

III. CISG에서 적용대상거래의 확대가능성

IV. 결론

참고문헌