{"title":"《销售公约》与朝鲜合同法关于合同订立的比较研究","authors":"Sang Man Kim","doi":"10.1108/jitlp-07-2019-0046","DOIUrl":null,"url":null,"abstract":"North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.","PeriodicalId":42719,"journal":{"name":"Journal of International Trade Law and Policy","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2020-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1108/jitlp-07-2019-0046","citationCount":"0","resultStr":"{\"title\":\"A comparative study of the CISG and the North Korean contract law as to formation of a contract\",\"authors\":\"Sang Man Kim\",\"doi\":\"10.1108/jitlp-07-2019-0046\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.\",\"PeriodicalId\":42719,\"journal\":{\"name\":\"Journal of International Trade Law and Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2020-02-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1108/jitlp-07-2019-0046\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Trade Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1108/jitlp-07-2019-0046\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Trade Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/jitlp-07-2019-0046","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
A comparative study of the CISG and the North Korean contract law as to formation of a contract
North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.
期刊介绍:
The Journal of International Trade Law and Policy is a peer reviewed interdisciplinary journal with a focus upon the nexus of international economic policy and international economic law. It is receptive, but not limited, to the methods of economics, law, and the social sciences. As scholars tend to read individual articles of particular interest to them, rather than an entire issue, authors are not required to write with full accessibility to readers from all disciplines within the purview of the Journal. However, interdisciplinary communication should be fostered where possible. Thus economists can utilize quantitative methods (including econometrics and statistics), while legal scholars and political scientists can invoke specialized techniques and theories. Appendices are encouraged for more technical material. Submissions should contribute to understanding international economic policy and the institutional/legal architecture in which it is implemented. Submissions can be conceptual (theoretical) and/or empirical and/or doctrinal in content. Topics of interest to the Journal are expected to evolve over time but include: -All aspects of international trade law and policy -All aspects of international investment law and policy -All aspects of international development law and policy -All aspects of international financial law and policy -Relationship between economic policy and law and other societal concerns, including the human rights, environment, health, development, and national security