국제물품매매에 관한 UN 협약상의 위험이전
Passing of Risk under the United Nations Convention on the International Sale of Goods, 1980
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The CISG contains articles for the risk of loss and passing it through 66-70. The buyer does not be discharged from his obligation to pay the price after the risk has passed to him according to the CISG. The risk passes to the buyer when the goods are handed over to the carrier in principle. The risk in respect goods sold in transit passes to the buyer from the time of the conclusion of the contract. But the CISG has no definition of the types of risks covered by the rules on transfer of risk, thus leaving uncertainty. The types of risks covered by the CISG might include the physical loss or damage, deterioration, or perishing of the goods, the risk of loss of documents relating to the goods, and legal risk. Also, the CISG does not attempt to define trade terms (CIF, C&F, FOB carrier at named point of shipment, FAS, FOB carrier at named point of destination, ex ship, and the like). These terms, which (among other things) allocate the risk of loss or damage during transit, are too detailed and complex in their operation to be easily susceptible to international codification. Moreover, their definition is subject to change in the light of changing commercial custom and should not be frozen by the international legislation. Less easy to understand, however, is the CISG's failure to address problems of risk of loss or damage that arise in documentary sales transactions in which trade for the international sale of such documentary transactions probably constitute the great majority of contracts for the international sale of goods, yet the CISG deals with documentary transactions only incidentally.
Abstract
The CISG contains articles for the risk of loss and passing it through 66-70. The buyer does not be discharged from his obligation to pay the price after the risk has passed to him according to the CISG. The risk passes to the buyer when the goods are handed over to the carrier in principle. The risk in respect goods sold in transit passes to the buyer from the time of the conclusion of the contract. But the CISG has no definition of the types of risks covered by the rules on transfer of risk, thus leaving uncertainty. The types of risks covered by the CISG might include the physical loss or damage, deterioration, or perishing of the goods, the risk of loss of documents relating to the goods, and legal risk. Also, the CISG does not attempt to define trade terms (CIF, C&F, FOB carrier at named point of shipment, FAS, FOB carrier at named point of destination, ex ship, and the like). These terms, which (among other things) allocate the risk of loss or damage during transit, are too detailed and complex in their operation to be easily susceptible to international codification. Moreover, their definition is subject to change in the light of changing commercial custom and should not be frozen by the international legislation. Less easy to understand, however, is the CISG's failure to address problems of risk of loss or damage that arise in documentary sales transactions in which trade for the international sale of such documentary transactions probably constitute the great majority of contracts for the international sale of goods, yet the CISG deals with documentary transactions only incidentally.
참고문헌 (24)
- 김정호, "국제거래법" (2002), 고려대학교 출판부
- 김형배, "채권각론" (2001), 박영사
- 서헌제, "국제거래법" (2006), 법문사
- 이은영, "채권각론" (2005), 박영사
- 최준선, "국제거래법" (2006), 삼영사
- 윤광운, "국제거래법" (2005), 삼영사
- Johan Erauw, "CISG Articles 66-70 : The Risk of loss and passing it", J.L. & Com, 25, pp.203~ (2006)
- Roth, "The Passing of Risk, 27 AM.J. COMP. L. 291", 293~298 (1979)
- Daniel E, "Murray, Risk of loss of goods in transit : A comparison of the 1990 INCOTERMS with therms from other voices", U.Miami Inter-Am. L.Rev, 23, pp.93~
- Goodfriend, "After the Damage is Done: Risk of Loss under the United Nations Convention on Contracts for the International Sale of Goods", COLUM. J. TRANSNAT'L L, 22, pp.575~605 (1984)
- J. Hellner, "Unification of Sales Law at the Regional and International Level: A Scandinavian View, in Aspects of Comparative Commercial Law 90 (J. Ziegel & W. Foster ed. 1969)", ~ (1969)
- John Honnold, "Uniform Law for international Sales under the 1980 United Nations Conventions", 126~127 (1982)
- John Honnold, "The New uniform Law for International Sales and the U.C.C.: A Comparison", INT'L LAW, 18, pp.21~25 (1984)
- Harold J. Berman, "Risk of loss or damage in documentary transactions under the convention on the International Sale of Goods", Cornell Int'l L.J, 21, pp.423~ (1988)
- von Caemerer, "Unification of Sales Law at the Regional and International Level: A European Comment, in Aspects of Comparative Commercial Law 90 (J. Ziegel & W. Foster ed. 1969)", ~ (1969)
- Y.B. COMM'N INT'L TRADE L. 110, 117, U.N.Doc. A, "CN.9", 100, Annex IV, 1975
- Y.B. COMM'N INT'L TRADE L. 95, U.N.Doc. A, "7618", ~ (1975)
- "Report of the united Nations Commission on International Trade Law on the Work of its 10th Session (Vienna, 23 May - 17 June 1977) at 538, U.N. Doc. A", 32, pp.1977, ~
- VIII Y.B. COMM'N INT'L TRADE L. 133, U.N. Doc. A, "CN.9", SER.A, pp.1977 (1977), ~
- "UNCITRAL Digest of case law on the United Nations Convention on the International Sale of Goods, A", CN.9, pp.2004, ~
- J. Brierly, "The Law of Nations: An Introduction to the International Law of Peace 59", ~ (1963)
- Barry Nicholas, "An Introduction to Roman Law", ~ (1962)
- A.G. Guest, "Benjamin's Sale of Goods" (1987), Sweet & Maxwell
- A.G. Guest, "Benjamin's Sale of Goods" (2006), Sweet & Maxwell