국제물품매매에서 물품의 적합성에 관한 연구 - CISG를 중심으로

A Study on the Conformity of the Goods in International Sale of Goods - Focusing on the CISG -

  The Purpose of this paper is to examine seller"s obligation for the conformity of the goods to the international sale of goods under United Nations Convention on Contract for the international Sales of Goods, 1980, except where both parties have agreed expressly, and to give suggestions in actual transactions.   The conformity of the goods means that the seller must deliver the goods which are required by the contract and which are contained or packaged in the manner required by the contract. We can classify the conformity of the goods to contract into two groups. One group is 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. Other group is that the seller must deliver the goods which are free from any right or claim of a third party and which are free from any right or claim of a third party based on industrial property or other intellectual property.   The buyer must examine the goods or cause them to be examined within as short a period as is practicable in the circumstance. If buyer does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time, the buyer lose the right to rely on a lack of conformity of the goods.