무역상무연구 (THE INTERNATIONAL COMMERCE & LAW REVIEW)
- 제51권
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- Pages.79-99
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- 2011
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- 1229-2036(pISSN)
국제물품매매계약에서 물품적합성에 관한 비교연구
A Comparative Study on the Conformity of Goods in the Contracts for International Sale of Goods - focused on comparing CISG with SGA
- 투고 : 2011.07.30
- 심사 : 2011.08.23
- 발행 : 2011.08.31
초록
This study describes the seller's duty to deliver the goods in conformity with the contract. The purpose of this study is twofold: to analyze the seller's principal duty, comparing the United Nations Convention on the International Sale of Goods(CISG) with Sale of Goods Act(SGA) and to provide legal and practical advice to contracting parties who consider CISG or SGA as a governing law. This paper first considers the requirements for the conformity with the contract, which means contractual requirements agreed between parties and implied requirements not agreed between parties. Following this, the exclusion of the seller's duty to deliver the goods required by the contract is described. Finally, this paper ends up giving contracting parties legal and practical advice.