earticle

영어

The United Nations Convention on Contracts for the International Sale of Goods(CISG) provides uniform international sales law. However, the CISG also expressly stipulates that it does not apply some parts with some provisions. Certain issues are too controversial for inclusion in the CISG since the national laws differ. Article 4 of the CISG is one of them. It defines the scope of the CISG as matters of contract formation and the “rights and obligations of the seller and buyer arising from such a contract.”In addition, the exclusions from its scope are not described in detail. Therefore, this paper analyzes the scope of Article 4 of the CISG in order to show which issues are excluded from CISG with the interpretation of the provision and case laws. In conclusion, whether some issues are out of the CISG based on the interpretation of Article 4 or not depends on the agreement of parties concerned. a situation that a national law applies even may be invalid if it does not follow the general principles of CISG. Thus, the parties concerned who are governed by the CISG should fully understand the CISG to avoid unnecessary disputes in international trade.