CISG 제47조, 제66조와 관련된 쟁점

The buyer can fix an additional period of time for performance by the seller of any obligation of whether it is a primary or secondary obligation under Art. 47. Some commentators assert that the buyer can fix the periods of time for performance only in case of non-delivery by the seller. This assertion is not consistent with Art. 49(2)(b)(ii). Art. 49(2)(b)(ii) presupposes the buyer's entitlement to avoid the contract under Art. 49(1)(a), the existence of a right to require performance pursuant to Art. 46, and proper fixing of an additional period of time under Art. 47. In case of delivery of non-conforming goods, the buyer can assert the right to delivery of substitute goods or repair no later than within a reasonable period of time after the notice of defects. Therefore, the buyer can fix an additional period of time for performance by the seller of any obligation. The time when the risk passes marks the point from which the buyer must pay for the goods even though he has not received them or received them only in a damaged condition pursuant to Art. 66. The rules on the passing of risk are based on accidental loss of or damage to the goods. The rules on the buyer's remedies cover loss or damage resulting from the seller's breach of the contract. Art. 66 provides that risk does not pass where the loss or damage is due to an act or omission of the seller. Therefore, the buyer may be discharged from his obligation to pay the price in a certain situation, according to the buyer' remedies under Art. 45. and the following Aticles This does not mean that buyer is discharged from his obligation to pay the price, due to an act or omission of the seller.