국제상거래에서 CISG 제3조 적용의 한계점과 개선방안에 관한 연구

Abstract

Article 3 of the CISG does not refer to contracts for the manufacture or production and supply of goods as trade but party who orders the goods to provide an important part of the material necessary for the manufacture or production. It also provides that most of the obligations of the party supplying the goods do not apply to contracts consisting of the supply of labor or other services. However, terms such as ‘a substantial part’ or ‘preponderant part’ are not definitive and controversial. Currently, international commerce contracts are diverse and complex, and CISG without explicit provisions is often not applicable and problem of limitation. It is questionable whether it is applicable to various types of contracts of international business transaction today, and the limited scope of the CISG will threaten the usefulness and long-term viability of the international agreement. In order to understand the necessity of a unified norm, the country is used to refrain from independent judgment and fro the international unification of regulatory interpretation.