국제상거래에서의 신의성실의 원칙에 관한 연구 - 초국적 국제무역관련규칙을 중심으로

The Principle of Good Faith in International Commercial Transaction - with a special emphasis on Supranational Commercial Law -

  Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belong to a Common law or civilian systems. The Common Law of Contracts is based on the principles of certainty and predictability. The contract is deemed to be sufficient to regulate the transaction between the parties. Such concept as good faith and fair dealing is not necessary. And the law of contracts in Civilian systems is concerned with ensuring that justice is rendered in the specific case. The contract is interpreted in the light of implied principles of reasonableness, good faith or fair dealing. This paper especially analyze the possibility whether they can apply non-state legal sources referring to transnational law, lex mercatoria, and soft law in the international commercial contracts along with the application of the Principle of Good Faith and Fair Dealing. The principle of Good Faith and Fair Dealing has been adopted in the International Commercial Transaction as the result of German and French influences in the process of establishing CISG and UNIDROIT Principles. With the principle of good faith and fair dealing, applied as key factors in international sale of goods, the intervention of supranational legislation brought about some independent standards from the various International legal sources.