미국에 있어서 Pre-Statement 이론의 적용에 관한 연구

A Study on the Application of Pre-Statement System in U.S. : Special Reference to Restatement of Contract(Second)

In recently, the enactment of international trade law or rules is adopted a new and usually more flexible standard. That is called Pre-Statement theory. The first case that adopt Pre-Statement theory is the Restatement of american law. Next case is UNIDROIT principles of international commercial contracts and container trade terms of Incoterms. This article analyzed the new section that adopted Pre-Statement theory in the Restatement (second) of contracts. Although the new section contradicted long-standing traditional rules, courts almost universally accepted them. So, this article proved that usefulness of Pre-Statement theory and increase of application.