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학술논문상사판례연구2008.03 발행KCI 피인용 4

국제거래에서 매매당사자의 보호수단

The Means of Protection of the Parties in Contracts for the International Sale of goods

정병윤(동국대학교)

21권 1호, 267~303쪽

초록

The seller's duty of delivery of property and the buyer's duty of payment is essential duty both in contracts for the national and international sale of goods because contracts of sale is completed where this duty is fulfilled. The seller's duty of delivery of property and the buyer's duty of delivery of goods in contracts for the international sale of goods is done certainly and safely. And it is secured institutionally. It is observed about the following things in this article. Firstly, the meaning and necessity of means of protection of the parties in contracts for the international sale of goods, Secondly, the means of seller's protection, Thirdly, the means of buyer's protection. According to the above observation, the conclusion is as follows. Firstly, All institution and rules in contracts for the international sale of goods are related to the means of protection of the parties in contracts of sale, namely, letter of credit, export insurance, marine insurance, independent guarantee, preshipment inspection, independence rule and fraud rule in the letter of credit. Secondly, The sollution of institutional protection that make seller and buyer to export and import safely is key institution that makes predictabilty and safty to the international contract of sales. And it is aimed to that contracts for the international sale of goods is conducted smoothly, fastly, safely Thirdly, The direction of development in contracts for the international sale of goods is going to be progressed to the direction that secures protection of seller's duty of delivery of goods and buyer's duty of payment simultaneously.

Abstract

The seller's duty of delivery of property and the buyer's duty of payment is essential duty both in contracts for the national and international sale of goods because contracts of sale is completed where this duty is fulfilled. The seller's duty of delivery of property and the buyer's duty of delivery of goods in contracts for the international sale of goods is done certainly and safely. And it is secured institutionally. It is observed about the following things in this article. Firstly, the meaning and necessity of means of protection of the parties in contracts for the international sale of goods, Secondly, the means of seller's protection, Thirdly, the means of buyer's protection. According to the above observation, the conclusion is as follows. Firstly, All institution and rules in contracts for the international sale of goods are related to the means of protection of the parties in contracts of sale, namely, letter of credit, export insurance, marine insurance, independent guarantee, preshipment inspection, independence rule and fraud rule in the letter of credit. Secondly, The sollution of institutional protection that make seller and buyer to export and import safely is key institution that makes predictabilty and safty to the international contract of sales. And it is aimed to that contracts for the international sale of goods is conducted smoothly, fastly, safely Thirdly, The direction of development in contracts for the international sale of goods is going to be progressed to the direction that secures protection of seller's duty of delivery of goods and buyer's duty of payment simultaneously.

발행기관:
한국상사판례학회
분류:
법학

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