국제물품매매계약의 형식에 관한 법적문제 -UCC와 CISG 비교를 중심으로-
Legal Issues on the Formalities of International Sales Contracts -UCC and CISG-
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The U.S. laws in parol evidence and statute of frauds are clearly stipulated in the Second Restatement of Contracts and Uniform Commercial Codes Section 2-201and Section 2-202. However, such regulatory measures to guarantee the value of written contract are not provided in the CISG. Rather, the CISG abolished the formalities of contracts and allowed contractual evidence to be introduced from any source and in any formats. Although the U.S. courts were sometimes confused with the new rules provided by the CISG and totally different from the common laws on proof of contracts, overall they have been very positive to absorb them into the U.S. legal system once the choice of law issue is resolved in the litigation brought in international sales contracts.
Abstract
The U.S. laws in parol evidence and statute of frauds are clearly stipulated in the Second Restatement of Contracts and Uniform Commercial Codes Section 2-201and Section 2-202. However, such regulatory measures to guarantee the value of written contract are not provided in the CISG. Rather, the CISG abolished the formalities of contracts and allowed contractual evidence to be introduced from any source and in any formats. Although the U.S. courts were sometimes confused with the new rules provided by the CISG and totally different from the common laws on proof of contracts, overall they have been very positive to absorb them into the U.S. legal system once the choice of law issue is resolved in the litigation brought in international sales contracts.
참고문헌 (24)
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