韓國의 賣買法과 中國의 賣買法

Comparison of Law of Sales between Korea and China

Chinese Law of Sales includes chapter 9, Contract for Sales (§130-§175) from Contract Law of the People s Republic of China that has been carried out since October 1, 1999. Characteristics of Chinese Law of Sales are followed. 1. The regulations of Civil Law and the Commercial law are mixed. The article of Sales Contract includes some contents that are regulated under the commercial Law in Korea. (Eg. §157 and §158) 2. It accepts legislation of Romano-Germanic Family. The Chinese legislation mostly belongs to Romano-Germanic Family. Basic formation and contents about Sales follow Romano-Germanic Family such as German Law or French Law. 3. It reflects a tendency of recent legislation such as United Nations Convention on Contracts for the International Sale of Goods. Principles of International Commercial Contract. 4. It has relatively detailed regulation regarding various specific situations. 5. It emphasizes on confirming methods of the cost of sales. For example, the buyer shall pay the price according to the agreed amount in the contract. If there is no agreement in the contract on the price or such agreement is unclear, the provisions of Article 61 and Sub paragraph(2), Article 62 of the Law shall be applied. 6. As the extent of application is extended, this Contract Law is applied even to the private Contract no matter who a concerned party is. The parties to a contract involving foreign interests may choose the law applicable to the settlement of their contract disputes, except as otherwise stipulated by law. The contracts for Chinese-foreign equity joint ventures, for Chinese-foreign contractual joint ventures and for Chinese-foreign cooperative exploration and development of natural resources to be performed within the territory of the People s Republic of China shall apply the laws of People s Republic of China. However, Law of Sales is not applied to the transference of technology, since Contracts of Technology is regulated separately. Chinese Sales Law does not have huge difference from Korean Sales Law, but in order to search for the unification of the Sales Law of two countries, following problems must be resolved first. They have different system about ownership. In China, transaction of ownership of land is prohibited. The object of sales is limited to an actual object. so sales of rights is excluded.