국제상사계약원칙상 계약의 유효성에 관한 연구

Abstract

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. Questions which are not settled in CISG are to be settled in conformity with the law applicable by virtue of the rules of private international law. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC) and Principles of European Contract Law(PECL) may serve as a gap-filler in CISG. But two parties comprise to apply the provisions for their contract according to Art. 6 CISG, these provisions will be the gab-filler in CISG. The purpose of this paper is to examine the Chapter 3 of UNIDROIT Principles deals with the validity on contract.