물건의 하자에 대한 매도인의 책임-독일과 일본을 중심으로-

Abstract

This study is aimed at outlining how the trend of international discussions has given an impact on the system of seller's liability for the defects in goods under the civil law systems of Germany and Japan.German civil law provides that the seller's liability for the defects in goods shall be generally regulated by the liability system for non-performance of obligations as it accepts positively international discussions including the United Nations Convention on Contracts for the International Sale of Goods without establishing an independent liability system known as warranty system separately. In the meantime, discussions have been going on in Japan to establish a system under which the breach of obligations (non-performance) shall constitute a uniform element of causation of liability under the influence of such international discussions and German civil law as amended. As discussed above, two countries do not have an independent liability system under which seller's liability for defects in goods shall be governed by warranty system, but tend to regulate seller's liability uniformly by the liability system for non-performance. Such a tendency is very suggestive since it accepts international discussions to promote harmonized international transactions, while reflecting the international transaction practice on their domestic statutes to enhance foreseeability in contracts for international transaction and the stability of legal system.