Earticle

초록

영어

The United Nations Convention on Contracts for the International Sale of Goods(the “CISG”) is limitedly applied to contracts for the international sale of goods. A contract for the sale of goods is deemed to be international when the parties’ places of business are in different states, which is called ‘CISG’s internationality’ or ‘CISG’s international character’. CISG can be also applied when the rules of private international law lead to the laws of a contracting state.
As CISG does not define the concept of “place of business”, we need to refer to court decisions or arbitral awards to clearly understand its concept. UNCITRAL has established a reporting system for case law on UNCITRAL texts(“CLOUT”). CLOUT was established in order to assist judges, arbitrators, lawyers, and parties to business transactions, by making available decisions of courts and arbitral tribunals interpreting UNCITRAL texts.
According to CLOUT cases, the nationality of the parties is not considered in determining the application of CISG, and the parties’ civil or commercial character is irrelevant. Korea’s Foreign Trade Act, however, distinguish between foreign trade and domestic trade by means of movement of goods. As the criteria of Korea’s Foreign Trade Act for foreign trade is different from those of CISG, careful attention is required.
The basic principle of contractual freedom(“party autonomy”) is recognized in CISG by permitting the parties to exclude the application of CISG or derogate from or vary the effect of any its provision. In addition, CISG may be also applied as the law applicable to the contract if so chosen by the parties.

목차

Ⅰ. 서론
 Ⅱ. CLOUT 개요
  1. CLOUT의 개념
  2. CLOUT 시스템의 도입목적 및 범위
  3. 법원판결 및 중재판정의 수집
  4. CLOUT Case 요약본(abstracts)의 구성 및 목적
 Ⅲ. CISG의 적용요건인 국제성
  1. 개설
  2. 국제성의 개념
  3. 영업소의 개념
  4. 체약국과의 관련성
  5. 국제성에 대한 인식가능성
  6. 복수의 영업소(밀접한 영업소)
  7. 당사자자치의 허용
  8. 대외무역법상 국제성과의 비교
 Ⅳ. 결론
 참고문헌
 Abstract

키워드

저자

• 김상만 [ Kim, Sang Man | 덕성여자대학교 국제통상학과 조교수, 법학박사, 미국 뉴욕주 변호사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340