CISG에서 중대한 계약위반에 관한 사례연구

Case Studies on the Fundamental Breach of Contract in CISG

The purpose of this study is to contribute to the enhancement of the understanding of the application of fundamental breach of contract in the international sale of goods. For this purpose, the concept of fundamental breach of contract in CISG, the standing rules of court precedents and several cases which are connected with fundamental breach of contract were analyzed. CISG article 25 gives the definition of fundamental breach of contract. According to this, A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee the event and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. The concept of fundamental breach of contract is the essential of avoidance and remedy system in the CISG, but it is somewhat abstract. For that reason, it is desirable for the parties to make agreement on the requirements of fundamental breach of contract and remedies specifically. This paper will be helpful for the parties to understand and apply fundamental breach of contract in the international sale of goods under CISG.