국제물품매매계약에서 본질적 계약위반의 효과

The effect of fundamental breach of contract in CISG

The concept of fundamental breach of Article 25 is used in various provisions of the CISG. Article 25 defines fundamental breach in terms of foreseeable and substantial detriment. In order to avoid, the aggrieved party must show that the breach concerned caused him to suffer a 'detriment' so serious 'as substantially to deprive him of what he was entitled to expect under the contract'; in addition, that serious result must be one which the breaching party would have 'foreseen'. The breach must therefore nullify or essentially depreciate the aggrieved party's justified contract expectations. What expectations are justified depends on the specific contract and the risk allocation envisaged by the contract provisions, on customary usages and on the additional provisions of the Convention. In the case of fundamental breach of contract grants the aggrieved party the remedies of avoidance of contract and right to delivery of substitute goods.