CISG, 한국민법 및 중국합동법상 매도인의 계약에 적합한 물품인도의무에 관한 비교연구

Abstract

This study attempts to describe and analyze all the provisions as to 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 the Korean Civil Code and the Chinese Contract Law. It focuses on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Korean Civil Code and the Chinese Contract Law and 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. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law. It particularly deals with the following topics in a comparative way; first, the concept of conformity with the contract, second, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract. Of the aspects of non-conformity of the goods, those in quality,quantity and packaging but not in title are given special emphasis in this study.