국제물품매매협약(CISG) 제79조 제1항 손해배상책임의 면책 요건 및 주요 사건 분석

Under Article 79(1) of the CISG, the ‘impediment beyond his control’ as a condition for exemption from liability for damages refers to objective and external circumstances beyond the debtor’s responsibility. Therefore, to determine exemption, it is necessary to examine whether the cause of non-performance exists beyond the control of the non-performing party. The scope of control is determined by how the contractual risks are distributed between the parties. For a uniform interpretation of the CISG, subjective and internal factors should not be considered when determining the existence of an impediment beyond control. A party to a contract may be exempt from liability under the CISG even if they deliver non-conforming goods. However, in principle, the seller is responsible for the conformity of the goods, so cases where the seller is exempted for delivering non-conforming goods are extremely rare. The extent to which the seller has diligently prepared to fulfill contractual obligations is not a consideration. In the Vine wax case, the German Federal Supreme Court ruled that the seller bears the procurement risk and is not exempt even if they had no opportunity to verify the defect in the goods. The determination of exemption should be based on an analysis of how the contractual risks are distributed, considering specific circumstances such as market volatility where the goods are traded. Furthermore, a party in a situation of hardship does not have the right to request an adaptation of the contract under the CISG. Therefore, parties to a contract governed by the CISG should appropriately distribute the risks through a contract document or explicitly specify the right to adjust the contract.