정부 외자조달계약상 매도인의 Disclaimer에 대한 매수인의 대응방안 (A Study to the Defense against the Seller's Disclaimer of the Warranty on the Government Foreign Procurement Contract)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 79권 / 21 ~ 52페이지
· 저자명 : 이동욱

초록

This study is focused on the warranty frequently appeared as one of the important matters during the negotiation of the general terms and conditions of the Government Foreign Procurement Contract(the 'GFPC')between the Buyer and the Seller.
The practical purpose of this study is dealt with the case and to provide various alternatives on the Seller's disclaimer of the warranty additionally and thoroughly proposed against and beyond the relevant warranty clause on the general terms and conditions of the GFPC.
In order to approach such purpose, an effort has been made to, firstly, the warranty of the relevant clause on the general terms and conditions, as a contractual liability, of the 'GFPC' and secondly, as an applicable contractual liability, on where is the essence of the seller's warranty throughout the investigation between the statutory liability and the default liability as a warranty liability, not only, of the Korean civil law, but also, of the relevant clause of the UCC and the CISG, applicable to as the gap filler of the GFPC since the Korean Law is the governing law of this Contract.
Further, more attempts have been devoted on the comparative study for the tort liability and the product liability as a non-contractual liability.
As a result, a several and competent alternative defense plans against the Seller's Disclaimer are to be proposed throughout this study. If these alternatives are appropriately applied to the GFPC on where the Seller's Disclaimers are to be, it will ultimately contribute to and manage an activity of the GFPC in a highly efficient and effective manner along with an expectation on the reduction of the Government budget and a risk management of the Government Contract.

영어초록

This study is focused on the warranty frequently appeared as one of the important matters during the negotiation of the general terms and conditions of the Government Foreign Procurement Contract(the 'GFPC')between the Buyer and the Seller.
The practical purpose of this study is dealt with the case and to provide various alternatives on the Seller's disclaimer of the warranty additionally and thoroughly proposed against and beyond the relevant warranty clause on the general terms and conditions of the GFPC.
In order to approach such purpose, an effort has been made to, firstly, the warranty of the relevant clause on the general terms and conditions, as a contractual liability, of the 'GFPC' and secondly, as an applicable contractual liability, on where is the essence of the seller's warranty throughout the investigation between the statutory liability and the default liability as a warranty liability, not only, of the Korean civil law, but also, of the relevant clause of the UCC and the CISG, applicable to as the gap filler of the GFPC since the Korean Law is the governing law of this Contract.
Further, more attempts have been devoted on the comparative study for the tort liability and the product liability as a non-contractual liability.
As a result, a several and competent alternative defense plans against the Seller's Disclaimer are to be proposed throughout this study. If these alternatives are appropriately applied to the GFPC on where the Seller's Disclaimers are to be, it will ultimately contribute to and manage an activity of the GFPC in a highly efficient and effective manner along with an expectation on the reduction of the Government budget and a risk management of the Government Contract.

참고자료

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