CISG의 기본적 적용요건

Abstract

The 1980 United Nations Convention on Contracts for the International Sales of Goods(CISG) applies to contracts of sale of goods between parties whose place of business are in different States when the States are Contracting States or when the rule of private international law lead to the application of the law of a Contracting State. The goods means basically only moveable, tangible objects. The relevant rule of private international law refer to the law of a Contracting State, then the CISG applies also to contracts of sale in which neither or only one of the parties to the contract has his place of business in a Contracting State. The fact that parties have their place of business in different States is to be disregarded when this fact does not appear from the contract at anytime before at the conclusion of the contract. A Contracting State which the rule of private international law refer to would not have declared at the time of the deposit of its instrument of ratification, acceptance, approval or accession that it will not be bound by the application of the rule of private international of the Convention. Eventually, the parties will not exclude the application of the Convention.