국제물품매매계약에서 서류제공의무의 검토와 개선방안에 관한 연구

Abstract

Although CISG is a successful agreement in that it has achieved unity in international commerce, it needs to be revised according to the times. International Contracts for the Sale of Goods have the characteristics of document trading before moving goods. It can be said that the transaction is completed and the obligation is fulfilled only when the handing over of documents is complete. Although Articles 30 and 34 of CISG have provisions concerning the seller's obligation to provide documents, the problem is that they do not mention the details of the documents, such as the type, timing and location. In the absence of such explicit provisions, the parties have supplemented the provision of documents with Incoterms. Unlike the situation at the time of the enactment of the CISG, now general documents and security documents are important including delivery of goods. Therefore, the inclusion of explicit provisions in Articles 34 of the CISG through comparison with the CESL will help resolve the dispute.