국제상사계약에 관한 일반원칙(PICC)에서 계약자유의 원칙에 대한 제한요건과 판결례에 관한 연구

A Study on the Restrict Conditions and Cases for the Principle of Freedom of Contract under PICC

Nothing in PICC shall restrict the application of mandatory rules, whether of national, international or supranational origin, which are applicable in accordance with the relevant rules of private international law. The parties may exclude the application of PICC or derogate from or vary the effect of any of their provisions, except as otherwise provided in the PICC and in the interpretation of PICC, regard is to be had to their international character and to their purposes including the need to promote uniformity in their application, and also issues within the scope of PICC but not expressly settled by them are as far as possible to be settled in accordance with their underlying general principles. Each party must act in accordance with good faith and fair dealing in international trade and the parties may not exclude or limit this duty. A party cannot act inconsistently with an understanding it has caused the other party to have and upon which that other party reasonably has acted in reliance to its detriment. Not only the parties are bound by any usage to which they have agreed and by any practices which they have established between themselves, but the parties are bound by a usage that is widely known to and regularly observed in international trade by parties in the particular trade concerned except where the application of such a usage would be unreasonable. Where notice is required it may be given by any means appropriate to the circumstances, and a notice is effective when it reaches the person to whom it is given, and for the purpose of PICC, notice includes a declaration, demand, request or any other communication of intention.