미국통일상법전(UCC) 묵시적 보증과 배제: CISG 제35조와의 관계에 대한 미국 판례를 중심으로

This paper examines the implied warranties under the UCC and their exclusions, and shows how they differ from Article 35 of the CISG. The implied warranty of particular purpose under the UCC is similar to Article 35(2) of the CISG. However, the UCC provides a requirement for the seller to disclaim or modify such implied warranties to avoid liability for the seller’s implied warranties. The CISG, on the other hand, does not directly provide for the exclusion or modification of warranties. This paper analyzes the case law of U.S. courts regarding the implied warranty of fitness for a particular purpose in the context of an international sale of goods with a U.S.-based entity. The results show that, in some cases, U.S. courts have applied the UCC rules to determine the requirements for implied warranties to the exclusion of the CISG. This is not only contrary to the purpose of the CISG as a unified law, but also shows a misunderstanding of the CISG. Therefore, trade counterparties engaged in international goods transactions should not only actively utilize the CISG as a unified law for international goods sales contracts to increase the predictability of trade transactions, but also carefully identify the matters that cannot be covered by the CISG (such as the requirement to exclude or modify implied warranties) and agree to them in writing when concluding contracts.