CISG에서 당사자의 구제권 선택 및 행사상의 제문제

This study focused on the problems in choice and exercise of parties' remedy rights provided in the CISG(United Nations Convention on Contracts for the International Sale of Goods). In order to these analysis, We examined the provisions on the parties' remedies for breach of contracts under the CISG. Through this, We found that there were important problems in choice and exercise of parties' remedy rights provided in the CISG as follow ; Restrictions in exercise of the right to require performance and in the period of requiring performance. Difficulties in judgement of the fundamental breach and giving of the additional period to remedy nonperformance by seller. Problems in choice between the right to price reduce and the right to claim damages. These problems are mainly due to limits which is latent in the provisions. But parties could be cover several expected problems in choice and exercise of parties' remedy rights by contracting special agreements between parties or by understanding the related provisions in the CISG. Therefore We presented some practical alternatives against the above problems.