비엔나협약에서 이행기 전 계약위반의 우려에 따른 적절한 보장의 법리에 관한 소고

The CISG is the uniform law for the international sale of goods and most industrialized countries have joined the CISG. In drafting the CISG, it was influenced not only by civil law principles of contract, but also by common law principles of contract. Among those, provisions on the adequate assurance upon anticipatory breach of contract were influenced by the Uniform Commercial Code of the United States. This doctrine of adequate assurance upon anticipatory breach of contract under the CISG is a foreign legal concept to civil law countries. In Korea, there are some legal studies on the anticipatory breach of contract but there are very few legal studies on the adequate assurance doctrine. The CISG provides anticipatory breach in Article 71 and 72 and these provisions are common to the obligations of the seller and of the buyer. Where a party is concerned that the other party will not perform the contract before the due date, these provisions afford protection to the aggrieved party who is threatened with a failure of performance by the other party. This article explores legal literature and cases related to the adequate assurance doctrine. Further, it compares provisions of the CISG with those of the Uniform Commercial Code, Principles of International Commercial Contracts of the UNIDROIT and Principles of European Contract Law of the Commission on European Contract Law.