PICC(국제상사계약에 관한 일반원칙) 2010 재․개정규정에 대한 법적 기준

Abstract

The decided and amended provisions of PICC are following; Firstly general provisions(sec. 1) of validity(chap. 3) are consist of art. 3.1.1(matters not covered), art. 3.1.2(matters not covered; no need for consideration and cause, all contracts consensual), art. 3.1.3(initial impossibility; performance impossible from the outset, lack of legal title or power), art. 3.1.4(mandatory character of the provisions). Secondly ground for avoidance(sec. 2) are include art. 3.2.1(definition of mistake; mistake of fact and law, decisive time), art. 3.2.2(relevant mistake; serious mistake, conditions concerning the party other than the mistake party, conditions concerning the mistake party), art. 3.2.3(error in expression or transmission; relevant mistake, mistakes on the part of the receiver), art. 3.2.4(remedies for non-performance), art. 3.2.5(fraud; fraud and mistake, notion of fraud), art. 3.2.6(threat; threat must be imminent and serious, unjustified threat, threat affecting reputation or economic interests) and furthermore gross disparity, third persons, loss of right to avoid, notice of avoidance, time limits, partial avoidance, retroactive effect of avoidance, restitution; right of parties to restitution on avoidance, restitution in kind not possible or appropriate, the allocation of risk, compensation for expenses, benefits(art. 3.2.7-3.2.15) and art. 3.2.16(damages; damages if ground for avoidance known to the other party, the measure of damages), art. 3.2.6(threat; threat must be imminent and serious, unjustified threat, threat affecting reputation or economic interests), art. 3.2.17(unilateral declarations). Fourthly illegality(sec. 3) are include two arts. One is art. 3.3.1(contracts infringing mandatory rules; scope of the section, only mandatory rules applicable under art. 1.4 relevant, ways in which a contract may infringe mandatory rules, effect of infringement expressly prescribed by the mandatory rule infringed, effects of infringement to be determined according to what is reasonable in the circumstances, criteria for determining what is reasonable in the circumstances), the other is art. 3.3.2(restitution). Fifthly conditions(sec. 3 of chap. 5) are following; types of condition, effect of conditions, interference with conditions, duty to preserve rights, restitution in case of fulfillment of a resolutive condition(art 5.3.1-5.3.5). Finally termination(sec. 3 of chap. 7) are consist of art. 7.3.1(right to terminate the contract; termination even if non-performance is excused, right to terminate the contract dependent on fundamental non-performance, circumstances of significance in determining whether non-performance is fundamental, termination after nachfrist) and notice of termination, anticipatory non- performance, adequate assurance of due performance, effects of termination in general, restitution with respect to contracts to be performed at one time, restitution with respect to contracts to be performed over a period of time and so on.