장기계약체결시 「UNIDROIT Principles 2016」 적용에 관한 연구: 기술이전계약을 중심으로

The purpose of this article is to understand the provisions of long-term contract in The UNIDROIT Principles 2016, and to examine the applicability of The UNIDROIT Principles 2016 as the governing law of license agreements for the international transfer of technology. The UNIDROIT Principles of International Commercial Contract was legislated in 1994 for the purpose of providing systematic rules to meet the needs of international commerce. Since then, The principle has been revised four times to reflect the additional themes required by industry and the legal community. The principles was originally conceived mainly for ordinary exchange contracts such as sales contracts to be performed at one time. In view of the increasing importance of more complex transactions - in particular long-term contracts - The UNIDROIT Principles 2016 have subsequently been adapted to take into account also the characteristics and needs of these transactions. The principles is expected to be applicable to the governing law of various international business contracts. Parties who wish to choose the principles as the rules of law governing their contract are well advised to combine such a choice of law clause with an arbitration agreement. In the case of litigation, the governing law recognizes only the law of a specific country in accordance with the theory of international private law.