‘국제물품매매에 있어서의 대리에 관한 협약(1983년)’의 재조명
Reconsideration of Convention on Agency in the International Sale of Goods
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The Convention on Agency in the International Sale of Goods (Geneva Convention)is the first uniform law governing the law of agency in the international perspective. Though the Geneva Convention was adopted about 28 years ago, this convention has not yet been entered into force. However, the Geneva Convention is still important as any uniform law project in the law of agency will make reference to this convention. Also, the Geneva Convention aims at supplementing the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is adopted by countries that account for over two-thirds of all international sale of goods. As use of an agent in the international transaction is unavoidable, to promote active international transactions, we need not only CISG but also a uniform law in the law of agency. Thus, more research on the Geneva Convention is needed. Korea has not ratified the Geneva Convention. When comparing the Geneva Convention to the Korean Civil Law in respect of ‘regulation of internal and external relation’,‘establishment of agent’s authority’, ‘legal effects of agent’s act’, ‘ratification’,‘right of action to the principal or the third party in case of indirect agency’ and ‘termination of agency’, though the concept of agency in Geneva Convention, which includes both direct and indirect agency, is different from that of the Korean Civil Law, there is not much difference as an outcome. Thus, ratification of the Geneva Convention would not create huge conflict with the Korean Civil Law.
Abstract
The Convention on Agency in the International Sale of Goods (Geneva Convention)is the first uniform law governing the law of agency in the international perspective. Though the Geneva Convention was adopted about 28 years ago, this convention has not yet been entered into force. However, the Geneva Convention is still important as any uniform law project in the law of agency will make reference to this convention. Also, the Geneva Convention aims at supplementing the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is adopted by countries that account for over two-thirds of all international sale of goods. As use of an agent in the international transaction is unavoidable, to promote active international transactions, we need not only CISG but also a uniform law in the law of agency. Thus, more research on the Geneva Convention is needed. Korea has not ratified the Geneva Convention. When comparing the Geneva Convention to the Korean Civil Law in respect of ‘regulation of internal and external relation’,‘establishment of agent’s authority’, ‘legal effects of agent’s act’, ‘ratification’,‘right of action to the principal or the third party in case of indirect agency’ and ‘termination of agency’, though the concept of agency in Geneva Convention, which includes both direct and indirect agency, is different from that of the Korean Civil Law, there is not much difference as an outcome. Thus, ratification of the Geneva Convention would not create huge conflict with the Korean Civil Law.
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