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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The purpose of this study is to contribute to the enhancement of the understanding of theapplication of fundamental breach of contract in the international sale of goods. For thispurpose, the concept of fundamental breach of contract in CISG, the standing rules of courtprecedents and several cases which are connected with fundamental breach of contract wereanalyzed. CISG article 25 gives the definition of fundamental breach of contract. Accordingto this, A breach of contract committed by one of the parties is fundamental if it results insuch detriment to the other party as substantially to deprive him of what he is entitled toexpect under the contract, unless the party in breach did not foresee the event and areasonable person of the same kind in the same circumstances would not have foreseen sucha result. The concept of fundamental breach of contract is the essential of avoidance andremedy system in the CISG, but it is somewhat abstract. For that reason, it is desirable forthe parties to make agreement on the requirements of fundamental breach of contract andremedies specifically. This paper will be helpful for the parties to understand and applyfundamental breach of contract in the international sale of goods under CISG.
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참고문헌 (21)
참고문헌 신청
/ 1980 / United Nations Convention on Contracts for the International Sale of Goods
Babiak, Andrew / 1992 / Defining Fundamental Breach under the United Nations Convention on Contracts for the International Sale of Goods / Temple Int'l & Comp. L.J 6
Bianca, C.M. / 1987 / Commentary on the International Sales Law ; 1980 Vienna Sales Convention / Guiffre Milan
Enderiein, F. / 1992 / International Sales Law ; United Nations Convention on Contracts for the International Sale of Goods / Oceana Publications
Honnold, J. O. / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / Kluwer Law &Taxation Publishers
Babiak, Andrew / 1992 / Defining Fundamental Breach under the United Nations Convention on Contracts for the International Sale of Goods / Temple Int'l & Comp. L.J 6
Bianca, C.M. / 1987 / Commentary on the International Sales Law ; 1980 Vienna Sales Convention / Guiffre Milan
Enderiein, F. / 1992 / International Sales Law ; United Nations Convention on Contracts for the International Sale of Goods / Oceana Publications
Honnold, J. O. / 1999 / Uniform Law for International Sales under the 1980 United Nations Convention / Kluwer Law &Taxation Publishers
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