國際物品賣買상 賣渡人의 損害賠償請求에 관한 硏究 -再賣却 對象物의 價値評價 基準을 中心으로-

Abstract

This study is to examine the general respects of seller's right of indemnity for damages in connection with resale under the buyer's breach of international sales contract and is mainly concerned to the method of calculation and major factors for calculating damages compensable through the resale based on the CISG, S.G.A. and the previous judgements and arbitral tribunals. In connection with the time to make decision for resale, measuring the value of commodities could be made from the view of three different stages, such as already completed for production, under production proceeds, and production non-commenced until the time of the buyer's refusal. The marketability is also in all cases founded on the presumed intention of the parties. The practical situation draws with the effectiveness of resale transaction as cannot have been within contemplation of minimum difference in between the resale current or market prices and the fixed price on contract. The writer takes account of the fact that the resale is the most believable remedy in the contractual obligations possibly overlapped with tortious or restitutory obligations in the field of mitigation and the practicable matters to the extent based on the general principles.