CISG에서 면책요건의 적용에 관한 연구

Case Studies on the Application of Requirements for Exemption in CISG

The purpose of this study is to analyze several requirements for a breaching party's exemption under contracts for the international sale of goods due to changed circumstances. For this study, several cases focused the exemption provision of CISG article 79(1) were investigated as follow : A party is not liable for failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences. The intention to draft CISG article 79 is explicit. A breaching party is not liable for any his non-performance under CISG article 79(1). But the non-performance must due to an impediment which is uncontrollable, unforeseeable and unavoidable. In conclusion, the adoption of the exemption provisions is comparatively strict in working levels and it is very rare for a breach party to be exempted in a court or a court of arbitration under CISG article 79(1).