ICC Hardship Clause 2003에 관한 연구 - PICC 및 PECL상의 Hardship 규정과의 비교를 중심으로

A Study on "ICC Hardship Clause 2003" in International Sales Contract - Focused on comparison with the related provisions under PICC, PECL -

  The provisions on hardship vary from country to country and may not meet the parties’ requirement in international contracts. Therefore, parties to a contract are frequently in need of contract clauses on hardship. The ICC has drawn up the provisions on hardship which aim at providing assistance for parties when they are making contracts. This clause can be applied when changed conditions have made performance excessively onerous. The purpose of this study is to examine “ICC Hardship Clause 2003” in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Hardship provisions 1985 and ICC Hardship Clause 2003. Secondly this study considers the related provisions under PICC, PECL. Thirdly this study compares ICC Hardship Clause 2003 with the relative provisions under PICC, PECL. It should be noted that this clause need to be adapted the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Hardship Clause" containing more precise and elaborate provisions.