국제물품매매계약의 해제로 인한 매수인의 청산의무에 관한 고찰 - 협약 제81조 상 매수인의 물품반환의무 및 관련 사례 분석을 중심으로 -

Abstract

This study deals with the effects of avoidance of a contract under the UN Convention on contract for the International Sale of Goods(CISG). Among the effects of avoidance of a contract, this paper deals with a buyer's restitution relationship. When buyer returns the goods due to avoidance of the contract, it is necessary to organize several things to be aware of from the perspective of the contracting parties, especially the buyer. First, in the case where the buyer assumes the obligation to return the goods in an international sale of goods contract, it should be noted that many provisions of the convention, such as Articles 86, 87, 88, 77, and 71 CISG, are related. Second, there is a conflict of theories regarding how avoidance of the contract affects the status of the contract. Therefore, the buyer should be aware that the court may make very diverse and different interpretations according to its own preconceptions. Third, there are many internal and external legal gaps in the provisions related to the buyer's obligation to return the goods according to the CISG. In the case of such legal gaps, it can be broadly divided into cases where domestic law is applied according to the rules of private international law of the court and cases where the CISG is applied by deriving the general principles (Article 7(2)) on which the CISG is based. It is necessary to insert a clause to prepare for such things into the contract. Lastly, it is important to be aware that the return of goods occurs only when the creditor requests the return of the goods. In addition, in international sales contracts, return of goods and return of price are often performed simultaneously. Therefore, it is necessary to be aware that if the seller delays receiving of the goods, the buyer can suspend performance of the obligation to return the goods.