국제매매계약에서 불가항력과 Hardship에 관한 소고

A Study on “Force Majeure” and “Hardship” in International Sales Contract.

  A party to a contract is bound to perform its contractual duties. But there is a situation where the non-performance of was due to an impediments beyond its control and it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of a contract, or where the occurrence of events fundamentally alters the equilibrium of the contract because the cost of a party"s performance has increased or because the value of the performance a party receives has diminished. Under these circumstances, we need to consider what is the effects of force majeure and hardship on the right s duties of the parties and how to draft the current "Force Majeure Clause" and "Hardship Clause" used in international sales contracs.   The purpose of this study is to examine "Force Majeure" and "Hardship" in the international sales contract.   For this purpose, firstly I dealt with the doctrines of contract under these situations in common law systems and in civil law systems. Secondly I analyzed the relative clauses under CISG and UNIDROIT Principles. Thirdly I considered the current "Force Majeure Clause" and "Hardship Clause" used in international sales contract. Key points to draft the current "Force Majeure Clause" and "Hardship Clause" used in international sales contract are presented.   Finally, this paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" and "Hardship Clause" containing more precise and elaborate provisions.