매수인의 부적합 통지 내용의 상세정도에 관한 연구 = A Study on the Buyer"s Specificity Requirement of the nature of the lack of the Conformity

다국어 초록 (Multilingual Abstract)

  The concept of non-conformity is stipulated at Art. 35, CISG. According to the Art. 35, there is no directly stipulated concept of non-conformity. But Art. 35 said that the Seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Accordingly, the concept of non-conformity contains the conformity of quality, quantity, description, delivery of different goods and documents.<BR>  Art. 39 does not specify the form of notice required. So parties can require a particular form by agreement. If there is no agreed form of notice, buyer"s notice must be sent by means appropriate in the circumstances. And Art. 39 states that the required notice of lack of conformity must be given to the seller. Notice of defects conveyed by the buyer to an independent third party is not found to have been given by means appropriate in the circumstances. And Art. 39 is subject to the parties" power under Art. 6 to derogate from or vary the effect of any provision of the Convention.<BR>  When determining which requirement must be satisfied by the buyer is specifying the nature of any lack of conformity, a mixed objective-subjective standard should be applied, which has regard to the respective commercial situation of the buyer and the seller, to any cultural differences, but above all, to the nature of the goods. Also to determine the specificity requirement is to satisfy the purpose of notice of lack of conformity.

목차 (Table of Contents)

• Ⅰ. 서론
  Ⅱ. 부적합 통지의 의의
  Ⅲ. 부적합 통지내용의 상세 정도
  Ⅳ. 결론
  참고문헌
  ABSTRACT
  

참고문헌 (Reference)

1 정찬형, "상법강의(상)" 박영사 2002

2 이철송, "상법강의" 박영사 2002

3 사동천, "물건의 하자에 대한 매도인의 책임법리에 관한 연구" 서울대학교 2002

4 허광욱, "국제물품매매계약에서 물품의 계약적합성에 관한 연구-UN통일매매법을 중심으로-" 성균관대학교 2006

5 임홍근, "국제물품매매계약에 관한 UN협약상의 제문제" 삼지원 1991

6 이기수, "국제거래법" 세창출판사 2001

7 "www.unilex"

8 "www.uncitral.org"

9 Peter Schlechtreim, "Uniform Sales Law - The UN-Convention on Contracts for the International Sale of Goods" Manz(Vienna) 1986

10 John O. Honold, "Uniform Law for International Sales under the 1980 United Nations Convention" Kluwer LawInternational 2000

11 Nina M.Galston, "International Sales: The United Nations Convention on contracts for the International Sale of Goods" Matthew Nender 1984

12 Enderlein텺askow, "International Sales Law" Oceana Publication 1992

13 Kritzer, "Guide to Practical Applications of the United Nations Convention on Contracts for the International Sale of Goods(Supplement 10)" Kluwer Law and Taxation Publishers 1995

14 Peter Schlechtreim, "Commentary on the UN Convention on the International Sales of Goods" Oxford University Press 2005

15 Willibald Posch, "Austrian Cases on the UN Convention on Contracts for the International Sale of Goods" 6 : 2000