국제상거래에 있어 신의성실원칙 적용에 관한 사례연구

Case Study on the Principle of Good Faith to Apply in International Commercial Transaction

Good faith extends far beyond contract and arbitration to all of society. The legal obligation of good faith has existed for a very long time. As early as Roman times, an obligation of good faith was required in commercial transactions. It is regarded as a controversial topic discussion in civil law and common law. Good faith differs in its scope and application depending on which legal traditional governs the particular commercial transaction. Civil law states tend to use a more extensive approach to the good faith obligation applying it to both contract formation and performance. But Common law states prefer a more narrow good faith duty applicable only to contract performance. Dispite the differences on face, the duty of good faith is at its core, very similar through world. This article is examines the last cases related to the good faith to apply in international commercial transaction. First, this article attempts to define the historical background of good faith. Par Ⅱ involves a comprehensive look at the concept of a good faith obligation from the civil and common law perspectives. The focus of Part Ⅲ is good faith in international transactions such as Vienna Convention, PICC, PECL. Part Ⅳ analysis the various the latest Vienna Convention cases concerning Article 7 in detail. The purpose of this article seek for applicability of uniformity when interpreting of good faith in the Vienna Convention.