국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable lawto govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICChas a role of interpreting or supplementing international uniform lawinstruments aswell as domestic laws, and also has served as amodel for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validitywhich fall outside the scopeofUNConventiononContract for theInternational SaleofGoods(CISG), which has obtained a leading legal position of uniformlawin international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is themost complicated among legal disputes occurringduringtheprocessof conclusionof contact andalsoextremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract aswell as in terms of close relationship to PICCby linking with recent court or arbitral tribunal rulings.