유럽매매원칙법상 매수인의 구제제도

Abstract

This study mainly deals with the buyer's remedies for the seller's breach of contract under the Principles of European Law on Sales(here-in-after PELS), which are the right to require performance, the right to require repair or substitute goods, the right to withhold performance, the right to terminate the contract, the right to reduce the price and the right to claim damages. Before it examines each remedy, it describes and analyzes the liability system of the PELS, focusing on the concept of non-performance and its relationship with those remedies. It also investigates the relevant rules for the buyer's remedies under the PELS and those under the Principles of European Contract Law(here-in-after PECL) which may be applicable unless otherwise provided under the PELS. In addition, this study attempts to compare the rules of the PELS with those of the United Nations Convention on International Sale of Goods(1980) and to find out any similarity or dissimilarity between them. The comparative study places its focuses particularly on the rules on requirements for the exercise of the buyer's remedies in terms of seriousness of breach, notice, its relationship with the seller's right to cure and etc as well as those on the scope of damages and the proportional calculation of price reduction. Furthermore, it seeks to evaluate them in light of the discipline of comparative law 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.