CISG상의 매수인의 물품검사에 관한 연구

A Study on the Examination of Goods of Buyer in the CISG

The purpose of this paper is to study on the examination of goods of buyer in the CISG. Buyer's examination of goods is very important in the international sale of goods. Because the buyer's obligation to examine the goods forms the basis of his obligation to notify the seller of defects under Article 39. And the obligation to examine the goods can give seller the second opportunity to complete his duty fully, if possible, by delivering the missing goods or substitute goods, by repair, or by reducing the buyer's loss in some other way. Article 38(1) is silent about the method the buyer should employ in examining the goods. In general, the manner of inspection will depend on the parties's agreement, trade usages and practices. In the absence of such indicators, a reasonable examination, through and professional examination is required. The purpose of the article 38(1) deadline for examination is to allow the buyer an opportunity to discover defects before the buyer resells, and to permit prompt clarification of whether the buyer accepts the goods as conforming. However the period for examination has been interpreted in a fashion that serves other purposes.