CISG 제79조의 면책규정에 관한 각국 판례의 동향

Trends in national case law on the Exemption under Article 79 of the CISG

The contract is to be observed. But it does not always mean that it should be followed up even if the breaching party is not liable to the breach of the contract. When the non-fulfillment of the contract that can not be attributed to the responsibility of the parties, it has been treated as a matter of force majeure, impossibility, frustration. The concept of impediment is adopted as a exemption from liability for damages rules in the CISG. Article 79 of the CISG says the requirements of the impediment. In this paper, we deal with the exemption from liability under Article 79 of the CISG in the case law of the countries. For this, we review Article 79 of the CISG in general, and major issues related to Article 79 of the CISG, such as breaches for which an exemption is available, exemption from liability for delivery of non-conforming goods, impediment requirement, non-performance attributable to third-party contractor, exemption in the case of sudden changes on the economy, impediment beyond party's control, impediment not foreseeable, impediment not avoidable or overcomeable and so on, by analyzing the national case law related to exemption from liability under Article 79 of the CISG. It will help the preparation for the fields and enhance the predictability in the interpretation of the Article 79 of the CISG.