CISG 제3조의 적용범위와 CESL과의 비교를 통한 개선방안 (Scope of application of CISG Article 3 and improvement measures through comparison with CESL)

서지정보

· 발행기관 : 한국무역통상학회
· 수록지 정보 : 무역통상학회지 / 24권 / 3호 / 169 ~ 185페이지
· 저자명 : 김철수, 권택규

초록

Article 3 of the CISG provides that a contract to manufacture or produce and supply goods is considered a sale, but this does not apply if the party ordering the goods has agreed to supply a significant part of the materials required for manufacture or production. It is also stipulated that it does not apply to contracts in which the majority of the obligations of the party supplying goods consist of the supply of labor or other services. However, terms such as ‘a significant part’ and ‘most of the time’ are not explicit definitions and are therefore subject to debate. Currently, international commercial contracts are diverse and complex, so CISG, which does not have explicit provisions, is often not applicable and has the problem of being limited. It is questionable whether it can be applied to various types of international commerce today, and the limited scope of application of the CISG will threaten the usefulness and long-term viability of international agreements. Accordingly, in order to find out the need for a unified norm, we will look into the interpretation principles of Article 3 of the CISG and suggest ways to improve them through a comparative study with CESL.

영어초록

Article 3 of the CISG provides that a contract to manufacture or produce and supply goods is considered a sale, but this does not apply if the party ordering the goods has agreed to supply a significant part of the materials required for manufacture or production. It is also stipulated that it does not apply to contracts in which the majority of the obligations of the party supplying goods consist of the supply of labor or other services. However, terms such as ‘a significant part’ and ‘most of the time’ are not explicit definitions and are therefore subject to debate. Currently, international commercial contracts are diverse and complex, so CISG, which does not have explicit provisions, is often not applicable and has the problem of being limited. It is questionable whether it can be applied to various types of international commerce today, and the limited scope of application of the CISG will threaten the usefulness and long-term viability of international agreements. Accordingly, in order to find out the need for a unified norm, we will look into the interpretation principles of Article 3 of the CISG and suggest ways to improve them through a comparative study with CESL.

참고자료

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