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학술논문무역학회지2020.02 발행

Buyer’s Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL

Buyer’s Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL

이병문(숭실대학교); Hautem Xavier(숭실대학교)

45권 1호, 83~100쪽

초록

This study aimed to provide the most accurate analysis possible regarding the buyer’s duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

Abstract

This study aimed to provide the most accurate analysis possible regarding the buyer’s duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

발행기관:
한국무역학회
DOI:
http://dx.doi.org/10.22659/KTRA.2020.45.1.83
분류:
무역학

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Buyer’s Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL | 무역학회지 2020 | AskLaw | 애스크로 AI