CISG상 계약의 성립에 관한 판례연구 (A Case Study on the Formation of Contract under the CISG)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 69권 / 1 ~ 22페이지
· 저자명 : 이병문, 박은옥

초록

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward themost plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the timewhen such offer and acceptance become effective, the issues on the battle of forms.
Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting partieswhen they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should considerwhen they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify themeaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one’s signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, itmay be necessary to enclose themin the offer or to bring the other party’s attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

영어초록

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward themost plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the timewhen such offer and acceptance become effective, the issues on the battle of forms.
Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting partieswhen they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should considerwhen they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify themeaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one’s signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, itmay be necessary to enclose themin the offer or to bring the other party’s attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

참고자료

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