국제물품매매계약에 관한 UN협약 제3조에 관한 고찰

A contract for goods to be manufactured by work and material of the supplier is basically treated as a contract of sale and the CISG is applicable to it. However, it is where the party ordering the goods has to supply a substantial part of the raw materials necessary for the manufacture or production of the goods that the CISG is inapplicable. In regard to the materials contributed by the parties, three factors are proposed for determining whether a portion is substantial : economic value, volume and the importance of the respective contribution for the end production. A majority seems to favor an economic value test, which, however, raises the question of relevant percentages. The contracts which include an obligation to supply or obtain labor or other services alongside the obligation to deliver goods are outside the scope of the CISG, if the former constitutes the preponderant part of obligations. The test expressed as preponderant part of the obligation of the party who furnished the goods is controversial even if the prevailing opinion is an economic value test. In any case it is advisable for the parties to make clear whether they intend their contract to be governed by the CISG or not.