소프트웨어 거래에 대한 CISG의 適用여부에 대한 一考察
A Legal Study of Application on CISG at Software Transaction
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The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been adopted in 1980 and it has entered into 1988. It has legislated for providing a uniform law of international sale of goods. However, the Convention does not apply to all of the international sales. The CISG excludes a specific sale of goods, which is a material aspect of applicability such as specific sale of goods, which is a material aspect of applicability such as specific categories of goods, specific categories of transactions, specific types of sale and the product liability of the supplier. Software includes all the various forms and roles that digitally stored data may have and play in a computer(or similar system), regardless of whether the data is used as code for a CPU, or other interpreter, or whether it represents other kinds of information. Software thus encom- passes a wide array of products that may be developed using different techniques such as ordinary programming languages, scripting languages, microcode, or an FPGA configuration This paper argues for extending sphere of application of CISG to software transactions in addition to sales of goods. The application of CISG to such transaction seems particularly justified if one agree that the CISG's ultimated goal is to promote the uniform application of rules in international business transactions. But the application on the convention must carefully consider, because software transaction is new territory different from the international sale of goods.
Abstract
The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been adopted in 1980 and it has entered into 1988. It has legislated for providing a uniform law of international sale of goods. However, the Convention does not apply to all of the international sales. The CISG excludes a specific sale of goods, which is a material aspect of applicability such as specific sale of goods, which is a material aspect of applicability such as specific categories of goods, specific categories of transactions, specific types of sale and the product liability of the supplier. Software includes all the various forms and roles that digitally stored data may have and play in a computer(or similar system), regardless of whether the data is used as code for a CPU, or other interpreter, or whether it represents other kinds of information. Software thus encom- passes a wide array of products that may be developed using different techniques such as ordinary programming languages, scripting languages, microcode, or an FPGA configuration This paper argues for extending sphere of application of CISG to software transactions in addition to sales of goods. The application of CISG to such transaction seems particularly justified if one agree that the CISG's ultimated goal is to promote the uniform application of rules in international business transactions. But the application on the convention must carefully consider, because software transaction is new territory different from the international sale of goods.
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