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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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This study primarily concerns the creditor’s right to require performance of monetary obligation under the UNIDROIT Principles of International Commercial Contracts; here-in-after PICC) and the Draft Common Frame of Reference; here-in-after DCFR). The right is known as a process whereby the aggrieved creditor obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the rules of the PICC as to the seller's right to require performance of monetary obligations in comparison to those of the DCFR. In this comparative study, it raises the questions on what is its legal nature and what the restrictions of his right to require performance are. It particularly deals with main controversial issues as to, first, how one must handle the cases where both the creditor and the debtor coincidentally causes the debtor’s failure to pay which cannot be divisible, second, whether the debtor can be exempted from his duty to pay where his failure to pay is caused by another event as to which the creditor bears the risks which is not the creditor’s act or ommission, and third, if the creditor is divested of his right to require payment where the monetary obligation has not yet been earned by the creditor's own performance and it is clear that the debtor will refuse to receive the creditor's future performance. On the basis of the comparative analysis, the study puts forward the author’s opinion some issues could be handled within the existing regime in a way to apply some other basic provisions, whereas the other issues could not be so that it is necessary to be amended in a possible near future.
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참고문헌 (24)
참고문헌 신청
Bianca, C. / 1987 / Commentary on the International Sales Law / Giuffre
Felemegas, J. / 2007 / An International Approach to the Interpretation of the United Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law / Cambridge U
Heidemann, M. / 2007 / Methodology of Uniform Contract Law: The Unidroit Principles in International Legal Doctrine and Practice / Springer
Honnold, J. / 2009 / Uniform Law for International Sales under the 1980 United Nations Convention, 4th ed / Kluwer Law International
Huber, P. / 2007 / The CISG: A New Textbook for Students and Practitioners / Sellier.European Law Publishers
Felemegas, J. / 2007 / An International Approach to the Interpretation of the United Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law / Cambridge U
Heidemann, M. / 2007 / Methodology of Uniform Contract Law: The Unidroit Principles in International Legal Doctrine and Practice / Springer
Honnold, J. / 2009 / Uniform Law for International Sales under the 1980 United Nations Convention, 4th ed / Kluwer Law International
Huber, P. / 2007 / The CISG: A New Textbook for Students and Practitioners / Sellier.European Law Publishers
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