• Title/Summary/Keyword: Statue of Frauds

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The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws (국제물품매매계약에서의 서면요건에 대한 고찰: 미국계약법과 CISG 비교를 중심으로)

  • Ha, Choong-Lyong
    • 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.

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