한국상법, 중국합동법 및 CISG상 매수인의 검사 및 통지의무에 관한 비교연구

Abstract

This study primarily concerns the seller’s duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with Korean law and Chinese law. It describes and analyzes the provisions of the CISG as to the seller’s duty, focusing on main controversial issues among scholars in their application in a comparative way. It also attempts to compare the rules of the CISG with those of Chinese law and Korean law to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. The comparative study particularly focuses on the following aspects; first, the scope of application of the buyer’s duties to examine the goods and provide a notice of a lack of conformity, second, the contents of such duties in terms of method, period for examination and notice, form and addressee of notice,cut-off period for notice, third, consequences of failure to provide proper notice.