UNIDROIT Principles에서 면책규정에 관한 연구

The purpose of this study is to analyze the exemption provision in UNIDROIT Principles of International Commercial Contracts. For this study, I presented several problems of the exemption provision of CISG Article 79 as follow : indefiniteness for the meaning of the words impediment, absence of provision such as hardship provision, some problems in exercise of party's remedies, etc. But UNIDROIT Principles make the matter of exemption clear because UNIDROIT Principles has concrete and practical exemption provisions such as force majeure and hardship. Under the UNIDROIT Principles Non-performance by a party is excused if that party proves that the non-performance was due to an impediment beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequence. It use the word ‘force majeure’ and ‘hardship’ which can be understood definitely by local tribunals. Therefore, it is very important for the parties to make the complementary use of the UNIDROIT Principles with CISG as an applicable law. Also it will be helpful for the parties to insert an definite clause on exemption in their contracts.