CISG상 면책의 해석기준에 관한 연구

Abstract

There is a principle that should be followed if there is a promise in the contract law, but as the international trade expands, the trade parties may be unable to fulfill the contract due to the situation change that can not be predicted at the time of the contract. In such a case, strict application of the "strict observance of the contract" may lead to unfair trade and violation of good faith principles. At this time, the CISG exemption clause 79 may be applied as an exception to the performance of the contract. The purpose of this study is to compare the non-compliance with the CISG Article 79 with the Anglo-American Law and Continental law, the UNIDROIT principle, and the China Unification Contract Law. The problem was examined and suggestions for improvement were suggested. Through the case analysis, it is judged that the requirements of the criteria for exemption of immunity or the requirement of immunity must satisfy all three requirements of 'uncontrollable', 'unpredictable', 'unavoidable or inability to overcome' . It can be seen that it is difficult to appreciate the immunity as much.