유럽계약법 공통기준 초안(DCFR)상의 매매법

Abstract

The Draft Common Frame of Reference (DCFR) containing principles, definitions and model rules of European private law is the result of more than 25 years of academic research. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in order to determine which parts of the DCFR will be included in a ‘political’ CFR. The DCFR is an academic initiative, the product of collaboration by distinguished private law scholars across Europe over a substantial period of time. Those authors have drawn on common approaches throughout Europe in order to frame the DCFR. It is, in effect, the follow-up to the Principles of European Contract Law (“PECL”), although in scope the DCFR is significantly more extensive. In particular, the DCFR integrates existing European measures of a consumer protection nature, absent from PECL. The DCFR is an academic answer to the ongoing process relating to the EU-wide harmonization of contract law, and aims at providing the European Legislators (Commission, Council and European Parliament) with a “toolbox” or a handbook to be used for the revision of existing and the preparation of new legislation in the area of contract law. The article analyzes the sales law of the DCFR. Regarding the systematics of sales law, this paper concentrates on the contract of sales(Book Ⅳ Part A), along with other parts of the DCFR applicable to the contract law, contained largely in Books Ⅱ and Ⅲ. General rules on contracts are to be found in Book Ⅱ (Contracts and other juridical acts), covering inter alia rules on formation, validity and interpretation of contracts, and in Book III (Obligations and corresponding rights), dealing with inter alia performance and remedies for non-performance. The DCFR are based on the pre-existing unification efforts, such as the Convention on Contracts for the International Sale of Goods[CISG], PECL, Directives 1999/44/EC on certain aspects of the sale of consumer goods, the relevant instruments are compared in order to analyze the sales part of the DCFR. The chapters of this paper are divided into the relevant topics making up the set of rules, such as Scope of Application & General Provisions, Obligations of the Seller/the Buyer, Remedies, Passing of Risk,Consumer Goods Guarantees.