국제물품거래에서 매수인의 구제제도로서의 이행청구권에 관한 연구

Abstract

This study primarily concerns the buyer's right to require performance which is known as a process whereby the aggrieved buyer obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. It is recognized in the civil law as a right available in the event of the seller's breach of contract so that if the buyer applies for a judgement for performance, the court is bound to grant him a judgement forcing the seller to perform what the seller has undertaken under the contract. In contrast, granting specific performance under English law is a remedy which is not treated as a right of the buyer who is aggrieved by the seller's breach, but as an equitable remedy whose exercise is left to the discretion of the court. In general, English courts are very reluctant to decree specific performance of contracts for the sale of goods and such performance is granted in very limited circumstances. Having recognized the differences, the study describes and analyzes the newly amended remedy rules (in particular, the buyer's right to require performance) of the SGA in order to learn in what way the right is introduced into English law. It also attempts to compare the rules on the buyer's right to require performance of the Regulations 2002 with those of CISG, PICC, PECL and Draft PESL.