국제물품매매계약에 관한 UN협약상 손해배상에 관한 연구

The United Nations Convention on Contracts for the International Sale of Goods(“CISG”) is an international law. Thus, CISG, as other international laws, requires an autonomous interpretation for assuring an inconsistency. It must not be interpreted differently by each country. For this goal to achieve, each country must pay serious and most careful attention to recent trends of cases and commentaries on CISG. As under other laws, the aggrieved party is entitled to full compensation for harm sustained as a result of a breach of contract under CISG. The foreseeability rule is judged normatively, taking into account the nature of the contract and the distribution of risks. Also the rule of reasonable standard must be considered and applied to evaluate the behaviors of each party. CISG takes special considerations on restoring any damages completely. Among others, by easing off the strictness of foreseeability rule under common law, CISG applies a solid principle of a full and complete compensation. CISG does not mention non-pecuniary loss, which means it would not be covered. Instead, CISG try to help it out by expanding the scope of pecuniary loss. The recoverable types of loss include non-performance loss, incidental loss, and consequential loss resulting from breach of contract. The aggrieved party can pursue reliance losses, considering the burden of proof, up to non-performance losses. The reasonable standard in relation to the extent of damages is carried out, which is in line with the duty to mitigate damages. The aggrieved party must prove the breach of contract, losses, causation and foreseeability. The damages must be proved by reasonable degree of certainty.