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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 한국무역상무학회 무역상무연구 무역상무연구 제80권
- 발행연도
- 2018.12
- 수록면
- 1 - 28 (28page)
- DOI
- 10.35980/KRICAL.2018.12.80.1
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초록· 키워드
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The purpose of this paper is to analyze issues that parties should pay attention and to suggest how to make out a contract when they make a deal under the Article 73, CISG. In order to accomplish this purposes I have summarized the basic contents of Article 73 and have analyzed the legal principles on the avoidance of instalment contract under CISG. After that, I have drawn some issues that the parties should take notice of when they would make out a contract for their transaction.
First of all, there are two varieties dealing with the Article 73when the parties make out a contract. Therefore, they have to choose between those that derogate from the provisions of the CISG and those that simply fill gaps already inherent in the CISG.
Second, parties can write up two types of contract clauses which may be distinguished as either ground based or time based that have been recommended by professor Seliaznova. Parties would be well advised to take all two criteria.
Third, it is desirable that parties have to put the CISG as applicable law and choose the appropriate payment method in order to avoid the disturbance. Especially, parties have to discuss how to set the payment method at the negotiation stage.
Fourth, parties should take care of the partial shipment or installment shipment when they employ the documentary credit as a payment method.
Fifth, parties is recommended to define concretely the concept of fundamental breach and the types of fundamental breach for the avoidance of contract. It is desirable that parties should set the time limit for the declaration of avoidance and additional period for performance.
Lastly, each party should be advised that they have to take notice of the burden of proof, because a party invoking Article 73 will need to prove their argument under these rules.
First of all, there are two varieties dealing with the Article 73when the parties make out a contract. Therefore, they have to choose between those that derogate from the provisions of the CISG and those that simply fill gaps already inherent in the CISG.
Second, parties can write up two types of contract clauses which may be distinguished as either ground based or time based that have been recommended by professor Seliaznova. Parties would be well advised to take all two criteria.
Third, it is desirable that parties have to put the CISG as applicable law and choose the appropriate payment method in order to avoid the disturbance. Especially, parties have to discuss how to set the payment method at the negotiation stage.
Fourth, parties should take care of the partial shipment or installment shipment when they employ the documentary credit as a payment method.
Fifth, parties is recommended to define concretely the concept of fundamental breach and the types of fundamental breach for the avoidance of contract. It is desirable that parties should set the time limit for the declaration of avoidance and additional period for performance.
Lastly, each party should be advised that they have to take notice of the burden of proof, because a party invoking Article 73 will need to prove their argument under these rules.
목차
Ⅰ. 서언
Ⅱ. 분할인도계약(제73조)의 일반론
Ⅲ. 분할인도계약의 해제
Ⅳ. 상무적 적용상 유의점
Ⅴ. 결론
참고문헌
ABSTRACT
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