지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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United Nations Convention on the International Sale of Goods (hereinafter called as 'CISG') applies to contracts of sale of goods between parties whose places of business are in different States: (a) When the States are Contracting States; or (b) When the rules of private international law lead to the application of the law of a Contracting State(Article 1). It applies to only a 'contract of sale of goods' whose character is 'international'. But it has no regulation that prescribes when such character must exist. The requirement of the international character must be satisfied at the conclusion of the contract because CISG adopted most of the provisions of the 1974 - Convention on the Limitation Period in the International Sale of Goods - which requires the international character to be met at the time of conclusion of the contract and because the UNCITRAL also requires the same requirement regarding the international character in the UNCITRAL Legal Guide on International Countertrade Transactions adopted by UNCITRAL on 12 May 1992.
CISG applies not only to a contract of sale of goods only but also to a contract of sale of goods simultaneously having other forms of contracts such as lease, agency, distributorship etc.
CISG does not define the concepts of 'goods' and 'places of business'. Therefore, it is necessary for such gap to be filled with other conventions' and/or states' provisions. With regard to filling such gap, the conventions concerning a sale of goods adopted by UNCITRAL must be considered preferentially, and the national law of the contracting states of CISG will be considered next.
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참고문헌 (18)
참고문헌 신청
Allison E. Butler / 2007 / A Practical Guide to the CISG,In Negotiations through Litigation / Aspen Publishers
John O. Honnold / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / International
John O. Honnold / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / Kluwer Law International
Kazuaki Sono / 1979 / Commentary on the Convention on the Limitation Period in the International Sale of Goods / Yearbook of the United Nations Commission on International T
Michael Joachim Bonell / 1997 / The U.N. Convention on the International Sale of Goods,In A Critical Analysis of Current International Case Law / Uniform Law Review : 385 ~ 395
John O. Honnold / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / International
John O. Honnold / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / Kluwer Law International
Kazuaki Sono / 1979 / Commentary on the Convention on the Limitation Period in the International Sale of Goods / Yearbook of the United Nations Commission on International T
Michael Joachim Bonell / 1997 / The U.N. Convention on the International Sale of Goods,In A Critical Analysis of Current International Case Law / Uniform Law Review : 385 ~ 395
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