CISG상 계약의 유효성 문제의 적용배제에 관한 연구: CISG AC Opinion을 중심으로

초록

The CISG excludes issues related to the validity of contracts from its scope of application, stipulating that such matters are governed by the applicable domestic law determined by private international law. However, since the drafting of the Convention, these issues have given rise to various practical challenges due to the diversity of relevant domestic laws. Accordingly, this study seeks to clarify the rules concerning the validity of contracts, contractual provisions, or practices under the CISG. To achieve this, it first examines scholarly opinions and case law on the exclusion of validity issues under the CISG, focusing on prior research. Additionally, it reviews the Black Letter Rules proposed by the CISG Advisory Council concerning the matters discussed in prior research. Finally, through an analysis of the CISG Advisory Council’s Black Letter Rules, this study aims to redefine the principles governing the exclusion of validity issues under the CISG and derive practical implications.

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