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貿易契約의 本質과 契約書 作成의 實際에 關한 硏究 : 物品賣買契約을 中心으로
朴光根 건국대학교 1986 論文集 Vol.23 No.1
In the event a party offers something and the other party accepts it, a sales contract can be valid by the word of mouth. We can say that the trade contract is also a consensual contract of a single contract. Therefore. we don't have to draw a form of contract necessarily in every contract. The reason why we should put the stress on the drawing form of contract is that in terms of trade practice. We need to do so in order to fulfil the contract smoothly. We can define a good form of contract as a sort of preventive mechanism which serves as a measure of control of disputes between the trade partners. Moreover, if disputes take place, the rightful person at the time of drawing up the form of contract must be able to assert his right as written in the contract which has a prospective possivility serving as a yardstick for judgment of disputes. Therefore, I studied about the essential qualities of trade contracts, the real meaning and necessity of form of contracts, the structure of form of trade contracts and its legal effect in chaptre II. In Chapter III, I discussed the cheek-points for the efficient drawung up of trade contract forms In terms of its system. In Chapter IV. I concluded this thesis by summarizing it.