CISG상 매수인의 계약해제권에 관한 최근 중국판례 연구

This study primalily concerns a recent chinese case as regards the buyer’s right to avoid the contract under the CISG. The buyer’s right to avoid the contract is one of the most popular remedies one often see in disputes between the seller and the buyer. This is not only because it is one of the most effective ways to escape from the contract when the other party commits a breach of contract, but also because although the CISG provides the definition of fundamental breach of contract which is one of two grounds for the right to avoid the contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore it is needed to examine as many cases as possible related to the buyer’s right to terminate the contract. Notwithstanding the importance of the study of various cases as to such right, particularly the cases held in China which is our largest trading country, it is unfortunate in that there are not many studies on those cases in our country. Therefore, this study introduces a recent chinese case as to the buyer’s right to avoid the contract. It also scrutinizes the rules on the buyer’s such right particularly for the case where the seller fails to deliver the goods within the contractual time for delivery, the rules for the amendment of the contract and the rules for the buyer’s right to withhold performance. On the basis of them, it criticizes their holdings in light of the principle of promotion of uniformity the CISG underlies. In addition to these, it provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law.