CISG의 해석원칙과 흠결보충에 대한 주요 쟁점 분석

The governing laws applicable to contracts for international sale of goods are not uniform, and the parties argue for a governing law in their favor, which hinders amicable conclusion of contracts. Uniform sales law will be one of the best solutions for such problems, and the CISG has played important roles and functions as a uniform sales law. However, in case the CISG provisions are interpreted and applied differently by courts, which will undermine legal stability and predictability, the CISG cannot function as a true uniform sales law. In particular, the CISG is an international treaty, but there is no Supreme Court that guarantees a uniform interpretation, so the uniform interpretation plays an important role. Article 7 (1) of the CISG provides several considerations to be taken into account in interpreting the CISG, and article 7 (2) describes the methodology for gap-filling with the CISG. Under article 7 (1), in the interpretation of the CISG, regard is to be made to its international character and to the need to promote uniformity in its application. Under article 7 (2), the matters the CISG governs but for which it does not expressly provide are filled, in conformity with the CISG’s general principles or, in the absence of such principles, in conformity with the applicable law. This article reviews the provisions concerning the Interpretation and gap-filling under article 7 of the CISG, and analyzes some major issues thereon.