국제물품매매계약에 관한 국제연합 협약(CISG) 제25조상 본질적 계약위반의 의미에 관한 소고 -우리나라 하급심판결의 동향을 중심으로-

Abstract

The United Nations adopted the United Nations Convention on Contracts for the International Sale of Goods, April 11, 1980. Korea entered into the Convention without declaration of reservation on February 17, 2004 and entered into force on March 1. 2005. Article 25 of the Convention states that "A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract" The requirements of fundamental breach of contract as provided for in Article 25 of the Convention shall include (1) there shall be a breach of the contract, (2) the breach of the contract will result in substantial loss of what the other party can expect, and (3) predict the consequences of the breach. It might have been. Intrinsic contractual violations have a significant impact on the interests of trading partners in that they have a stronger effect than other incidental contractual violations, such as the recognition of the right to release a contract. Despite the fact that the breach of an essential contract in an international merchandise trade agreement gives the parties a strong right, such as the right to terminate the contract, the abstraction of the concept makes it fierce as to whether or not it is about the essential part of either party's breach of contract on a case by case basis. There is no choice but to fight it. After about fifteen years, there have been a considerable number of precedents on individual issues, but the number of absolute cases is still insufficient to type and establish an example of interpretation for each clause. Furthermore, narrowing the scope to Article 25 of the Convention further reduces the number of significant cases to typify the actual meaning of 'intrinsic contractual violation' or to identify its specific interpretation. However, even if the meaning is established based on the precedents to date, it is meaningful in that it can present the direction of interpretation on future events.