무역거래에서 활용되는 표준조항에 관한 검토

A Study on General Terms and Conditions(Boilerplates) utilized in the International Transactions

&nbsp;&nbsp;In international transactions, many of contracts are concluded through simple process that one party dispatches proforma invoice or purchase order and, then, the other signs that document. Thereafter, it is a rare event for both parties to the contract to make and to sign formal contract. The document that one party dispatches contains quality, quantity, price, shipment, payment, etc. which most business men consider important to their business but does not contain provisions dealing with potential conflicts, for example, force majeure clause, liquidated damages clause, jurisdiction clause, governing law clause.<BR>&nbsp;&nbsp;Therefore, it is very useful to prepare a formal contract that contains above clauses in reverse side in advance. The reason is why many people do not read those clauses. Those clauses have slanted wording, that is, wording to the benefit of drafter.<BR>&nbsp;&nbsp;So, business men have a reason to know those provisions pre-printed in reverse side. This article aims to alert to business men to review reverse side before signing a formal contract, and to take advantage of those provisions.