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과제 개요

전체 페이지 수24페이지
파일 형식한글(HWP)
등록일2025.07.22

목차

  1. 1Ⅰ. 머리말 · ·················· p
  2. 2Ⅱ. 매도인의 의무
  3. 2.11. 물품의 인도와 서류의 교부 (제30조 – 제34조) ························· p
  4. 2.22. 물품의 적합성과 제3자의 권리주장(제35조 – 제40조) ··········· p
  5. 2.33. 매도인의 계약위반에 대한 구제 (제45조 – 제48조) ·················· p
  1. 3Ⅲ. 매수인의 의무
  2. 3.11. 대금의 지급 (제53조 – 제59조)······························· p
  3. 3.22. 인도의 수령 (제 60조)
  4. 3.33. 매수인의 계약위반에 대한 구제 (제61조 – 제64조) ········· p
  5. 4Ⅳ. 당사자의 공통의무
  6. 4.11. 이행이전의 계약위반과 분할인도계약 (제71조 – 제73조)
  7. 4.22. 손해배상액 (제74조 – 제77조)······················· p
  8. 4.33. 이 자 (제78조)············································· p
  9. 4.44. 면 책 (제79조 – 제80조)
  10. 4.55. 해제의 효력 (제81조 – 제84조)······························ p
  11. 4.66. 물품의 보관 (제85조 – 제88조)···································· p

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추천 키워드

  • 국제물품매매협약
  • CISG
  • 매도인의 의무
  • 매수인의 의무
  • 물품적합성
  • 계약위반 구제
  • 손해배상
  • 인코텀즈
  • 국제거래법
  • 당사자의 공통의무

Seller and Buyer Obligations under the CISG: Delivery and Conformity of Goods, Payment and Taking Delivery, Remedies for Breach and Damages

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■ Seller and Buyer Obligations under the CISG: Delivery and Conformity of Goods, Payment and Taking Delivery, Remedies for Breach and Damages — Overview

A 23-page Korean international trade law paper that walks through the UN Convention on Contracts for the International Sale of Goods article by article: the seller's duties to deliver, hand over documents and transfer property, conformity of goods and third-party claims, the buyer's duties to pay and take delivery, remedies for breach, anticipatory breach, damages, interest, exemption, avoidance and preservation of goods, with the English text of key articles.

■ Seller and Buyer Obligations under the CISG: Delivery and Conformity of Goods, Payment and Taking Delivery, Remedies for Breach and Damages — Excerpt from the original document (English translation)

The seller must deliver the goods, hand over any documents relating to them and transfer the property in the goods, as required by the contract and this Convention. (Article 30)

The seller must deliver the goods, hand over any documents relating to them and transger the property in the goods, as required by the contract and this convention.

Article 30 summarizes the seller's obligations in three: the duty to deliver the goods, the duty to hand over related documents, and the duty to transfer property in the goods. These three duties are those generally judged important, but they do not cover all of the seller's obligations.

First, the duty to deliver the goods is the seller's primary obligation; Articles 31 to 33 govern the content, place and time of delivery. Second, the duty to hand over documents is also one of the seller's obligations, and Article 34 governs the place and time for doing so. Third is the duty to transfer property in the goods; Article 41 addresses defects in title.

Article 31 provides where the seller should deliver the goods if there is no separate agreement on the place of delivery. Because most international transactions involve long-distance shipment, it is very important who bears the cost of shipping the goods and how far. In most cases the place of delivery is set in the contract using Incoterms. Where no such agreement was made in advance, however, the place of delivery is determined under Article 31.

A contract of sale involving carriage of the goods means a case in which an independent third-party carrier other than the two parties is involved. It does not include a case in which the seller or buyer transports the goods from the seller's place of business with its own truck. It means a case in which the seller is obliged to carry or arrange carriage, and the seller's assistants or mere freight forwarders are not carriers. In this case, the seller fulfils its duty to deliver by handing the goods over to the carrier for transmission to the buyer.

This is the case where the two parties are so close that the buyer can take delivery from the seller with its own vehicle, which is uncommon in international trade. Where no third-party carrier is involved, the seller fulfils its duty to deliver by placing the goods at the buyer's disposal at its place of business or where the goods are located, so the buyer can collect them. Where the goods are specific goods, drawn from a specific stock or produced in a specific place and the buyer knows where they are, it is enough to place them at the buyer's disposal there; otherwise, at the seller's place of business. Placing the goods 'at the buyer's disposal' means doing everything necessary for the buyer to take possession of them.

Article 32 sets out the additional duties of a seller who hands the goods over to a carrier.

If the goods are not identified to the contract, the seller must give the buyer notice. Normally the risk of loss passes to the buyer when the goods are handed to the shipping company, but under Article 67(2) the risk does not pass unless the goods are identified by notice. Under Article 27, the dispatch principle applies to this notice, which may be oral or written and must be given by means appropriate to the circumstances.

Where the contract requires the seller to arrange carriage, the seller must choose means of transport appropriate to the circumstances and conclude contracts on the usual terms. Even if the seller is not bound to insure, it must, at the buyer's request, provide all information the buyer needs to take out insurance.

Article 33 governs when the seller must deliver the goods. In most cases the contract will fix a date or period requested by the buyer, so it is enough to comply with that agreement.

Note: The United Nations Convention on Contracts for the International Sale of Goods was adopted in Vienna in 1980 and entered into force on January 1, 1988. Korea deposited its instrument of accession with the UN Secretary-General on February 17, 2004, and the Convention has applied to Korea since March 1, 2005. It applies to sales of goods between parties whose places of business are in different Contracting States, and the parties may exclude its application by agreement. 'CIGS' in the paper is a misspelling of CISG. Check article numbers against the text of the Convention.

■ Seller and Buyer Obligations under the CISG: Delivery and Conformity of Goods, Payment and Taking Delivery, Remedies for Breach and Damages — Contents and key concepts

What sellers and buyers owe each other in international sales

✦ At a glance

  • An article-by-article guide to CISG obligations and remedies
  • Structure: seller's duties → buyer's duties → common provisions
  • Useful for international trade law and trade practice courses

☰ What the paper covers

  1. Delivery
  2. Conformity
  3. Buyer's remedies
  4. Payment
  5. Damages

✎ The CISG in Korea and the U.S.

The CISG was adopted in Vienna in 1980 and entered into force in 1988; it has applied in Korea since March 1, 2005.

The U.S. is also a party, so the CISG often governs U.S.-Korea sales contracts unless the parties exclude it, instead of Article 2 of the Uniform Commercial Code.

Note: the paper itself is written in Korean and discusses Korean law. This page is general study information, not legal advice.

Related wiki: Breach of Contract

Keyword Prompt

전문가가 만들었어요

과제를 직접 쓰는 데 도움이 되는 영어 프롬프트예요.

Tip! Prompt 에 자신의 생각을 추가해서 하면 훨씬 더 ✨ 좋습니다.

캠퍼스다운에서 레포트 받고 잘 쓰는 법 3가지, AI로 참고자료 제대로 재가공하기 →
  • Prompt 1

    I'm writing a university assignment on "국제물품매매협약(CISG) 당사자의 의무 정리: 매도인의 인도·적합성 의무, 매수인의 대금 지급, 계약위반 구제와 손해배상". Help me build an outline (introduction, 2-3 body sections, conclusion) that covers 국제물품매매협약, CISG and 매도인의 의무. Don't write the paper for me - give me guiding questions for each section. My own perspective: [자신의 생각 넣는 곳] Please respond in Korean.

  • Prompt 2

    Explain the key concepts "국제물품매매협약" and "CISG" in simple terms, then show how they connect to the topic "국제물품매매협약(CISG) 당사자의 의무 정리: 매도인의 인도·적합성 의무, 매수인의 대금 지급, 계약위반 구제와 손해배상". Point out common misunderstandings students have about them. My own perspective: [자신의 생각 넣는 곳] Please respond in Korean.

  • Prompt 3

    Suggest 3 real-world cases or examples I could analyze in an assignment on "국제물품매매협약(CISG) 당사자의 의무 정리: 매도인의 인도·적합성 의무, 매수인의 대금 지급, 계약위반 구제와 손해배상", focusing on "매도인의 의무". For each, tell me what I should look up and verify in official or academic sources. My own perspective: [자신의 생각 넣는 곳] Please respond in Korean.

  • Prompt 4

    Review my draft paragraph on "국제물품매매협약(CISG) 당사자의 의무 정리: 매도인의 인도·적합성 의무, 매수인의 대금 지급, 계약위반 구제와 손해배상" (key idea: "매수인의 의무"). Give feedback on logic, evidence and clarity, and mark where I need a citation. My paragraph: [paste here] My own perspective: [자신의 생각 넣는 곳] Please respond in Korean.

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