{"title":"法国UNILEX《公约》引文索引及缔约方责任制分析","authors":"C. Shim, H. Kim","doi":"10.32625/kjei.2022.28.213","DOIUrl":null,"url":null,"abstract":"This thesis focused on the UNILEX decision of the French court to which the CISG was applied. As for the contents first, the regulation with the higher frequency of application of UNILEX of CISG was derived. After that the legal standards for these CISG articles and judgment cases were combined to derive the liability system of the contracting parties. The reason why this paper focuses on UNILEX citations on CISG is that the possibility of disputes is high in proportion to the frequency of citations. In addition, the purpose of this study was to enhance the predictability of disputes related to the application of the CISG and to promote legal stability. The reason for choosing the French case in particular is that first, it shows a wider and more diverse range of citations of CISG regulations compared to judgment cases in other countries and second, the view that the accuracy of the facts related to judgment cases is relatively high. The contents of the CISG regulations selected from the referenced indicators below include exclusion of service contracts (Article 3), exclusion and change of contractual application (Article 6), legal bases of offer (Article 14) acceptance to change of offer (Article 19), the place of delivery of goods (Article 31), etc.","PeriodicalId":167194,"journal":{"name":"Korean Society for European Integration","volume":"2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Analysis of France’s UNILEX Citation Index for CISG and Responsibility System of Contracting Parties\",\"authors\":\"C. Shim, H. Kim\",\"doi\":\"10.32625/kjei.2022.28.213\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This thesis focused on the UNILEX decision of the French court to which the CISG was applied. As for the contents first, the regulation with the higher frequency of application of UNILEX of CISG was derived. After that the legal standards for these CISG articles and judgment cases were combined to derive the liability system of the contracting parties. The reason why this paper focuses on UNILEX citations on CISG is that the possibility of disputes is high in proportion to the frequency of citations. In addition, the purpose of this study was to enhance the predictability of disputes related to the application of the CISG and to promote legal stability. The reason for choosing the French case in particular is that first, it shows a wider and more diverse range of citations of CISG regulations compared to judgment cases in other countries and second, the view that the accuracy of the facts related to judgment cases is relatively high. The contents of the CISG regulations selected from the referenced indicators below include exclusion of service contracts (Article 3), exclusion and change of contractual application (Article 6), legal bases of offer (Article 14) acceptance to change of offer (Article 19), the place of delivery of goods (Article 31), etc.\",\"PeriodicalId\":167194,\"journal\":{\"name\":\"Korean Society for European Integration\",\"volume\":\"2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-11-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Korean Society for European Integration\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.32625/kjei.2022.28.213\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Korean Society for European Integration","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32625/kjei.2022.28.213","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Analysis of France’s UNILEX Citation Index for CISG and Responsibility System of Contracting Parties
This thesis focused on the UNILEX decision of the French court to which the CISG was applied. As for the contents first, the regulation with the higher frequency of application of UNILEX of CISG was derived. After that the legal standards for these CISG articles and judgment cases were combined to derive the liability system of the contracting parties. The reason why this paper focuses on UNILEX citations on CISG is that the possibility of disputes is high in proportion to the frequency of citations. In addition, the purpose of this study was to enhance the predictability of disputes related to the application of the CISG and to promote legal stability. The reason for choosing the French case in particular is that first, it shows a wider and more diverse range of citations of CISG regulations compared to judgment cases in other countries and second, the view that the accuracy of the facts related to judgment cases is relatively high. The contents of the CISG regulations selected from the referenced indicators below include exclusion of service contracts (Article 3), exclusion and change of contractual application (Article 6), legal bases of offer (Article 14) acceptance to change of offer (Article 19), the place of delivery of goods (Article 31), etc.