Earticle

초록

영어

1) The 1980 United Nations Conventions on the International Sales of Goods (hereinafter referred to as the 'CISG'), is a uniform international sales law. It has to date been ratified by 70 nations, representing over two thirds of world trade. The CISG entered into force in Korea on 1 March 2005. It is therefore fair to say that the CISG has in fact been one of the success stories in the field of the international unification of private law.
2) The fourth part of the Convention(Art.89-101 CISG) contains final provisions which deal in particular with possible reservations against certain parts or provisions of the Convention. The CISG has 5 possible reservations:

(1) A Contracting State may declare at the time of signature, ratification, acceptance, approval or accession that it will not be bound by Part II of this Convention or that it will not be bound by Part III of this Convention(Art.92 CISG).
(2) If a Contracting State has two or more territorial units in which, according to its constitution, different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may amend its declaration by submitting another declaration at any time(Art.93 CISG).
(3) Two or more Contracting States which have the same or closely related legal rules on matters governed by this Convention may at any time declare that the Convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those States. Such declarations may be made jointly or by reciprocal unilateral declarations(Art.94 I CISG).
A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-Contracting States may at any time declare that the Convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those States(Art.94 II CISG).
(4) Any State may declare at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by subparagraph (1) (b) of article 1 of this Convention(Art.95 CISG).
(5) A Contracting State whose legislation requires contracts of sale to be concluded in or evidenced by writing may at any time make a declaration in accordance with article 12 that any provision of article 11, article 29, or Part II of this Convention, that allows a contract of sale or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing, does not apply where any party has his place of business in that State(Art.96 CISG).

목차

I. 서설
 II. 유보선언의 기본내용
 III. 부분적 비준, 수락, 승인 혹은 가입(협약 제2편 혹은 제3편의 비적용에 대한 유보)
 IV. 일정한 영역에서의 비적용에 대한 유보(제93조)
 V. 지역적인 법통일의 우선에 대한 유보(제94조)
 VI. 제1조 제1항 (나)호의 비적용에 대한 유보(제95조)
 VII. 방식자유에 대한 유보(제96조)
 VIII. 결어
 참고문헌
 Abstract

키워드

저자

• 김민중 [ Kim, Min Joong | 전북대학교 법과대학 교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  동북아법연구 [Northeast Asian law journal]

• 간기

  연3회

• pISSN

  1976-5037

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 369 DDC 341