국제상거래법상 Force Majeure와 Hardship에 관한 고찰 (A Study on Force Majeure and Hardship in the International Sales Laws)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 69권 / 179 ~ 199페이지
· 저자명 : 오현석

초록

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on.
Therefore, it need to analyze a historical background and their presence in various domestic legal systems.
Although the CISGdescribes Art.79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISGpursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the forcemajeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problemof judgment in a court or a court of arbitration under impediment of CISG.

영어초록

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on.
Therefore, it need to analyze a historical background and their presence in various domestic legal systems.
Although the CISGdescribes Art.79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISGpursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the forcemajeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problemof judgment in a court or a court of arbitration under impediment of CISG.

참고자료

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