국제물품매매에서 매도인의 물품적합의무에 대한 고찰

Abstract

The study on this Convention(CISG) which governs the international sale ofgoods in a uniform manner is more required than any other time. This studyfocused on the conformity of the goods which is regulated by the CISG. Inaddition, some of the cases, international or domestic, in which the issueconcerning the CISG were raised and debated were also analyzed. The purpose of this paper is to examine the seller's obligations for fitness ofgoods to the contract under the CISG, except where both parties have agreedexpressly, and to give suggestion in actual transactions. The provisions in theCISG on the conformity of goods with the contract are included in Article 35. Unless otherwise agreed between the parties to contracts for international saleof goods, the Article 35 stipulates four criteria to judge the fitness of the goodsto contract: fitness for the ordinary purpose, fitness for any particular purpose,possession of the quality of sample or model and use of usual or protectivecontainer or package. The Article 35 also provides a exception for sellersagainst the lack of fitness: in case at the time of the conclusion of the contractthe buyer knew or could not have been aware of such lack of fitness. Unlessotherwise stipulated, the conformity should be judged when the risk possessto the buyer according to the Article 36. In reviewing decisions, common views of case law will be highlighted anddivergent approach will also be presented. This would eventually facilitate theemergence of the uniform interpretation of CISG.