국제물품매매계약에 관한 유엔협약과 미국통일상법전 제2편(매매)

The CISG and the Article 2 of the Uniform Commercial Code(Sale)

The CISG is the result of an effort to unify the law on the contracts for the international sale of goods. More than 60 countries have adopted the CISG so far. Although the scope of the CISG is too narrow to cover the matters arising from the contract of sale, the CISG will carry out a significant role as a governing law in international sales contract. The CISG reflects the civil law and common law. Therefore, the CISG is not familiar to both legal system. To achieve the goal of the CISG, Each legal system should understand the law of the other system. In our situation, it is very important to understand the legal principles of common law countries. Among others, the CISG has been influenced by UCC Article 2. The purpose of this paper is to compare some matters different between the CISG and the UCC Article 2. The CISG does not employ the basic rules of common law and the UCC like parol evidence rule , Statute of Fraud, etc. This paper is just starting point of the research we needed. I'd like to emphasize the importance of the research on the contact theory of the common law and the UCC again.