• The Journal of Information Technology
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• v.1 no.2
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• pp.103-118
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• 1998

The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.

• Management & Information Systems Review
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• v.7
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• pp.451-462
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• 2001

국제물품매매계약은 당사자간의 합의에 의해서 이루어진다. 그러나 국제간의 물품매매에 관련하여 모든 상황을 특정계약에 반영하는데는 한계가 있다. 따라서 특정계약에 대한 해석과 판단의 기준이 되는 하나의 보편적이며 합리성에 기초를 둔 준거법이 필요하게 된다. 이러한 준거법은 어느 특정국가의 사범으로 충분할 수도 있지만 국제거래가 안전하고 원활하게 실행되기 위해서는 그것이 세계 어느 나라에 있어서도 같은 내용의 통일적인 법에 의하여 규율되는 것이 바람직하다. 특히 경제적 합리성에 기초를 둔 거래법의 분야에서는 이론적으로 법의통일은 가능하며 실제적으로는 로마의 사법통일협회(UNIDROIT)나 국제연합 국제상거래위원회(UNIDROIT)에 의하여 지금까지 어느 정도 통일사법 제정의 필요성이 꾸준히 제기 되어 왔다. 이러한 목적을 수행하기 위하여 UNICITRAL(국제연합 국제상거래위원회)이 1980년에 발표한 국제물품매매계약에 관한 UN 조약-비엔나협약(CISG)은 국제간의 물품매매에 관한 계약법으로서 중요한 역할을 수행하고 있다. 비엔나협약(CISG)의 법리적인 근거는 "자주적인 준거법의 제정 및 그 적용상의 통일성"에 있다는 것이다. 또한 그 내용을 보면 첫째, 지역적 의미를 가지는 법률용어의 사용을 피하고 대신 격지간의 계약시 실제로 발생하는 현실적 사례의 관점에서 법안을 작성하고자 하였고 둘째, 그 내용을 달리하고 있는 각국의 사법을 통일하는 것에 의해 모든 사법적 법률관계에 같은 내용의 사법을 적용하는 방법, 즉 세계통일사법의 제정이라 하겠다. 본 연구는 비엔나협약(CISG)의 입법취지와 배경을 고찰하였으며 또한 통일사법으로서 협약상의 "일반원칙의 통용"을 계약성립(Formation of Contract)의 과정별로 정리하였다.

• International Commerce and Information Review
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• v.14 no.4
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• pp.203-225
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• 2012

This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

• Korea Trade Review
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• v.43 no.4
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• pp.27-50
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• 2018

This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

• Korea Trade Review
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• v.41 no.5
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• pp.15-39
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• 2016

Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

• Korea Trade Review
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• v.41 no.4
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• pp.111-129
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• 2016

In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.7
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• pp.32-58
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• 1994

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.9
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• pp.137-152
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• 1996

• Korea Trade Review
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• v.42 no.2
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• pp.29-52
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• 2017

This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.