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학술논문관세학회지2010.02 발행KCI 피인용 3

국제물품매매계약에서 매도인의 계약위반이 있는 경우의 위험부담 비엔나협약과 통일상법을 중심으로

Seller's Breach of Contract and the Risk of Loss under the Contract for International Sale of Goods - Focusing on the CISG and UCC

이우영(경성대학교); 이양기(경성대학교)

11권 1호, 227~247쪽

초록

The risk of loss is an issue which preoccupies equally both seller and buyer in international sale contracts since it can affect the criteria of risk and the decisions of whether the buyer is obliged to pay the price for the goods even if they have been "accidently" lost or damaged to a great extent. This research will discuss that firstly, some remarks on the characteristics and notion of the risk are to investigate in the aspect of theories on its transfer, which have been formulated in different legal systems. Second and third chapters focus separately on the rules on risk allocation under the Vienna Convention and UCC. Fourth chapter concentrates on comparison between the two voices and an analysis of some intrinsic issues related to the transfer of risk as well as making proposals for their most efficient settlement. Finally, this research makes two conclusions: one is an overall evaluation of the rules pertaining to risk allocation and the other is satisfactory solutions which are found for the problems that trouble this area of law.

Abstract

The risk of loss is an issue which preoccupies equally both seller and buyer in international sale contracts since it can affect the criteria of risk and the decisions of whether the buyer is obliged to pay the price for the goods even if they have been "accidently" lost or damaged to a great extent. This research will discuss that firstly, some remarks on the characteristics and notion of the risk are to investigate in the aspect of theories on its transfer, which have been formulated in different legal systems. Second and third chapters focus separately on the rules on risk allocation under the Vienna Convention and UCC. Fourth chapter concentrates on comparison between the two voices and an analysis of some intrinsic issues related to the transfer of risk as well as making proposals for their most efficient settlement. Finally, this research makes two conclusions: one is an overall evaluation of the rules pertaining to risk allocation and the other is satisfactory solutions which are found for the problems that trouble this area of law.

발행기관:
한국관세학회
분류:
무역학

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국제물품매매계약에서 매도인의 계약위반이 있는 경우의 위험부담 비엔나협약과 통일상법을 중심으로 | 관세학회지 2010 | AskLaw | 애스크로 AI