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영어

Trade usages and business practices are key elements of international commercial transaction. In fact, trade usages and practices are powerful tools to ensure the stability of international transaction. This study is to examine a application of trade usages in international sales law, such as Article 9 of CISG, and the case of Incoterms and UNIDROIT Principles related trade usages. CISG does recognize the privileged position of trade usages in the practice of international sales. Several of CISG’s provisions refer to usages and practices directly and indirectly. Among them most important provisions concerning trade usages are those of Article 9. In CISG, however, definition of trade usage does not have and explain how to handle such tools and because of often general and vague, eventually the usages and practices may be found to conflict with the relevant provisions of international sales law. Therefore, it is very important to consider the application of trade usages and practices in international sales law, especially CISG and Incoterms® 2010 and UNIDROIT Principles 2010 that have been revised in line with the latest changes in contemporary trade usages and practices. This paper intend to lay out an analysis of trade usages and practices which are commonly found to apply in the case law and have a practical impact on international sale transactions governed by the CISG.