CISG와 PACL 초안 상 계약해제의 효과에 관한 비교 연구

다국어 초록 (Multilingual Abstract)

Purpose : Contracts, by means of autonomy, are once legally binding, binding on the contracting parties to their performance obligations. Due to the breach of contract, It is necessary to release it from binding contractual relationships. The purpose of this study is to find practical implications by comparing and reviewing the CISG and the
Draft of PACL regarding the effect of avoidance.
Research design, data, methodology : This paper utilizes the literature research and analyzes the effects of avoidance for the CISG and the Draft of PACL, which is a study to compare differences and similarities.
Results : As for restitutionary relationships, it reaffirmed that differences in theory, which seemed to be the main difference, had little effect on the exercise of rights in practice. Also, it is necessary to review the theory of a winding-up relationship as a part of the effects of avoidance under the Draft of PACL.
Conclusions : The avoidance of the contract shall be exercised as a last resort, and To prevent abuse of the avoidance, it is advisable to make arrangements between the parties on the scope and priority of the remedies covered in the Convention and the Draft.