CISG에서의 계약해제와 추가기간

A Study on the Fundamental Breach of Contract and Additional Period under the UN Convention on the International Sale of Goods

Purpose - This article assesses the importance of clarifying fundamental breach from other breaches and examines the effectiveness of applying ‘additional period of time’ when uncertainty whether the contract breaches is fundamental or not. Design/Methodology/Approach - Research methodology adopted in this paper is the case approach. This paper is to interpret legal principles and provisions of the fundamental breach under CISG (1980 United Nations Convention on Contracts for the International Sale of Goods: CISG, 1980) and to review them application to the actual business fields through the case study. Findings - Under the CISG, substantial non-performance of one contracting party releases the other party from contractual obligations as remedies. In case of defective performance, the judgement to cancel the contract depends on whether the degree of defect is fundamental or not. However, the criteria for fundamental breach is not clearly defined in real commercial transactions. Research Implications - Where it is not clear the lack of conformity is fundamental breach or not, the additional period procedure could be useful as tools to distinguish between a fundamental breach and the other breach.