운송유지권에 관한 법적 검토 -국제물품매매계약에 관한 UN협약(CISG)을 중심으로-

The United Nations Convention on Contracts for the International Sale of Goods (CISG) provides the issues of preparatory remedy of innocent party facing anticipatory breaches of the other party, such as the right of suspension and the right of stoppage in transit if it becomes apparent that the other party will not perform a substantial part of his obligations under Article 71. When the buyer of goods becomes insolvent the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in course of transit, and may return them until payment or tender of the price. These provisions enable the innocent party suspending that the other party will not fulfill his obligations in future in compliance with their international sale contract to suspend his own performance and demand additional guarantees, or even to avoid the contract. The standards of the suspension of performance are less strict than those of the avoidance of contract. An objective test, however, should be used to judge the reasons which would give rise to a suspension of performance,i.e the reasons must become apparent to a reasonable person in the same circumstances, but no absolutely certainly is required. The party suspending performance may prevent the handing over of the goods to the buyer if he has already dispatched the goods. The right of stop the goods in transit does not relate to the relationship between the buyer and his other partners if he has already resold the goods. There are no obligations for the carrier to accept the seller's request for stoppage. This paper suggests that the clear criterion regarding the right of stoppage in transit will play a critical role in the issues of who will make a contract with carrier; who will have the right of control of goods