국제물품매매계약에 관한 UN협약의 해석과 흠결보충

Abstract

The main purpose of the Convention is to provide a universal set of rules of law applicable to any international sale of goods. Art 7 provides a method to ensure that the Convention is applied in a uniform way. The drafts established autonomous interpretative criteria based on the principles of internationality, unformity and good faith (Art.7(1)), and autonomous ga-filling methods through the application of general principles inherent to the CISG(Art.7(2)). On the one hand, interpretation technique on which is on Art7 (1) should be used for gap-filling of Art 7(2). On the otherhand, some general principles on which is based on Art. 7(2) also applies to the interpretation of Art. 7(1). So there is a strong link between Art. 7 paragraphs 1 and 2. The future of the CISG depends upon its interpretation and gap- filling. If uniform interpretation cannot be achieved, the very purpose of the Convention is jepardized. The same applies to the development of the CISG. It will never be possible to gether the now member states of the CISG to modernize the Convention. If the CISG is not adjusted to the ever-changing demands of the international trade, this role will be assumed by domestic laws, which again undermines uniformity.