중국의 국제물품매매계약에 관한 UN협약(CISG) 적용에 관한 연구 -중국 법원판례에 대한 분석을 중심으로-

Abstract

CISG (United Nations Convention on Contracts for the International Sale of Goods) was signed in 1980 and came into force in 1988, with a purpose to resolve conflicts that occur from contracts for the international sale of goods by uniform regulation. It had been ratified by 77 countries. This Convention applies to contracts of sale of goods between parties whose places of business are in different states, and when the states are contracting states (CISG Art.1 (1) (a)), or when the rules of private international law lead to the application of the law of a contracting state (CISG Art.1 (1) (b)). China is a contracting state of CISG, but because of reservation of the CISG Art.1 (1) (b), the Convention could be applied only through CISG Art.1 (1) (a). Besides, many judical precedents in China decided to exclude the autonomous application of CISG Art.1 (1) (a), according to Section 142, Article 2 of the Civil Law of China or by judicial interpretation of China's Supreme People's Court. In this research, theory and precedents related to the application of CISG in China are analyzed and issues are pointed out. With the drawbacks, in case of the China’s Court posses the right of jurisdiction, the sphere of application of CISG would be confined whereas the domestic Civil Law of China would be much enforced.