CISG 제79조에서 면책요건과 효과에 관한 연구

A Study on the Requirements and Effects of the Exemption in CISG Article 79

The purpose of this study is to examine the requirements and effects of the Exemption in CISG Article 79, and present some alternatives if there are any problems. For this study, I analyzed on the subjects such as international approach for impediment, standard of exemption, effect of exemption and so on. Thus it founded that CISG Article 79 has several problems as follows : indefiniteness for the meaning of the words impediment, absence of provision such as hardship provision, some problems in exercise of party's remedies, etc. In relation these matters, the UNIDROIT Principles make the matter of exemption clear. It use the word ‘force majeure’ and ‘hardship’ which can be understood definitely by local tribunals. Therefore, it is very important for the parties to make the complementary use of the UNIDROIT Principles with CISG as an applicable law. And it will be helpful for the parties to insert an definite clause on exemption in their contracts.