국제무역거래에서의 국제사법적 쟁점에 대한 개괄적 검토

In determining contents of agreement and process of performance thereof in international trade, intent of parties involved pursuant to liberty of contract is most important of all. However, determination of governing law applicable to the agreement and understanding of legal effects anticipated from application of the governing law is required in order to prevent unnecessary disputes and at the same time the above will enable the parties involved to avoid legal disadvantages arising therefrom. Based on recognition of practical circumstances, I would like to touch upon legal theories focused on the views of precedents with regards to study and verification on foreign law, international jurisdiction, determination of governing law in the process of entering into an agreement, issues related to transportation of goods and transfer of ownership, issues related to governing law in settlement process of purchase price in trade, as conflict of law issues to be considered in international trade and at the same time will take a view on the necessity of advanced thinking and study. I would also like to stress here that a careful review and study on conflict of law issues in international trade shall be taken into consideration in the process of entering into an agreement and execution thereof in the practical field of international trade.