國際物品賣買契約에 관한 UN協約의 解釋原則에 관한 小考 - 제7조를 중심으로

Interpretation of United Nations Convention on the Contracts for the International Sale of Goods - Focusing on the Article 7 -

  Because of its nature, uniform international law presents special challenges to those who interpret it. The interpretation of Article 7 directly influence the fulfilment of the Convention"s purposes as stated in its preamble : The parties to the CISG have agreed upon the Convention, being of the opinion that the adoption of uniform rules which would govern contracts for the international sale of goods and take into account the differential social, economic and legal system, would contribute to the removal of legal barriers in international trade and promote its development.   To maintain its uniform application in different States, regardless of legal system they belong to, it is important to interpret and apply its provision in a uniform manner. CISG Article 7 summarise as follows : (1) Regard for the convention"s international character requires sensitive response to the purposes of the Convention in the light of its legislative history rather than the preconceptions of domestic law. (2) Response to "the need to promote uniformity in application", which calls for consideration of interpretations developed in other countries through adjudication and scholarly writing. (3) Regard for "the observance of good faith in international trade", a principle that in conjunction with point(1), supra and point(4), infra, can resist stultification and circumvention of the Convention"s rules. (4) Questions not expressly settled by the Convention should be answered, when possible, "in conformity with the general principles on which it is based", an approach that reinforces regard for both the Convention"s "international character" and "the need to promote uniformity in application" by minimizing recourse to divergent rules of domestic law.   which should be applied subsidiary ; ⓐ application of its specific provisions by analogy ⓑ application of general principles on which the Convention is based, ⓒ application of law determined by the rules of private international law.