Korea Trade Review (무역학회지)

Korea Trade Research Association (한국무역학회)
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A Study on Main contents and Practical Implications of the ICC Model Contract for International Sale of Manufactured Goods

ICC 국제공산물매매 모델계약서의 주요 내용 및 실무상 유의점에 관한 연구

  • Byung-Mun Lee (Department of Global Commerce at Soongsil University) ;
  • Shin, Gun-Hoon (Department of International Trade at Gyeongsang National University)
  • 이병문 (숭실대학교 글로벌통상학과 ) ;
  • 신건훈 (경상국립대학교 국제통상학과)
  • Received : 2022.01.31
  • Accepted : 2022.02.26
  • Published : 2022.02.28
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Abstract

This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

Keywords

References

  1. Park, Nam-Kyu (2005), "A Study on the Standardization of International Sales Contract in English Version", The Journal of Korea Research Society for Customs, 6(1), 213-261.
  2. Suk, Kwang Hyun, Legal Principles of Contracts for the International Sale of Goods, PAKYOUNGSA, 2010
  3. Oh, Se-chang (2001), "A Study on the Contents of an Agreement and a Contract Necessary in International Sales of Goods", Korea Trade Review, 26(3), 93-125.
  4. Lee, Bang-sik, Park, Sukjae (2019), A Study on the Main Contents of Uniform Rules for Bank Payment Obligations(URBPO), The Journal of International Trade & Commerce, 15(1), 165-176.
  5. Lee, Byung-Mun, Sang-Hoon Ko (2017), "A Study on the Inclusion of Standard Terms under the CISG", Korea Trade Review, 42(2), 257-281
  6. Jeon, Soon-Hwan (2002), "A Study on the ICC Model International Sale Contract", The Journal of Establishment Information, 5(2), 281-307.
  7. DiMatteo, L. A., International Contracting - Law and practice, 4th ed., Kluwer Law International, 2016.
  8. Enderlein, F. & D. Maskow, International Sales Law, Oceana, 1992.
  9. Fabio Bortolotti, Drafting and Negotiating: International Commerical Contracts: A Practical Guide, ICC Publication No.788E, 2017.
  10. Huber, P. and A. Mullis, The CISG - A New Textbook for Students and Practitioners, 2nd ed., Sellier European Law Publisher, 2014.
  11. ICC, ICC Model Contract - International Sale (Manufactured Goods), ICC Publication No.811E, 2020.
  12. Kroll, S., L. Mistelis and P. Viscasillas, UN Convention on Contracts for the International Sale of Goods (CISG), Hart Publishing, 2nd ed., 2018.
  13. Lee, Byung-Mun, "The Buyer's Duty to Examine the Goods and to Notify the Seller of Lack of Conformity under Korean Law in Comparison with the PELS and the CISG", Journal of Korea Trade, Vol. 12(3), 2008.
  14. Schwenzer, I. (ed.), Commentary on the U.N. Convention on Contracts for the International Sale of Goods (CISG), 4th ed., Oxford University Press, 2016.
  15. Van Houtte, Hans, "ICC Model Contracts", International Business Law Journal, No. 3, 2003.