미국계약법연구서설 - 그 구조와 현대적 의의

A Prelude to the Research of the American Contract Law

&nbsp;&nbsp;Since the international trade has been expanded, contract law of common law countries, especially that of the United States, got a attention by the civil law countries. Among the contract law of common law countries, contract law of the United States located at the center of the concern.<BR>&nbsp;&nbsp;American contact law has traditionally been a common law(case law) area, its rules are to be found in the judicial decision. However, it has been greatly influenced by the Uniform Commercial Code(hereinafter UCC) in recent years, in particular Article 2 of the UCC. In 1988, US ratified the UN Convention on Contracts for the International Sale of Goods(CISG) as a treaty. Therefore, CISG is a federal law, which has a priority to a state law.<BR>&nbsp;&nbsp;Besides these laws concerning contract, Restatement of Contract is also very important in the research of American Contract Law. Although Restatement is not &quot;law&quot; at all in the sense of being binding on any court, it serves as &quot;persuasive authority&quot; often cited by and quoted by American courts to justify their decisions.<BR>&nbsp;&nbsp;The basic for the research of the American Contract Law is the understanding the unique structure of legal system of the US, federal system. And then, the characteristics of UCC and relations between the source of contract law should be noticed to research of the American Contact Law.