earticle

영어

This paper examines the issues related to the relevant regulations (Art.40 and Art.44) in terms of the buyer’s obligation to notify non-conformity of goods under Art.39 and the effects on the results in the CISG. The results of this study are as follows; Firstly, the trend of recent precedents regarding the ambiguity of “specificity” and “reasonable time” as requirements for the buyer’s obligation to notify non-conformity shows that the standards are being relaxed. Second, the regulations that relax or exempt the buyer’s notification obligation may actually serve a different purpose than their intended purpose. For example, in a situation where the original contract price may be paid under Art.40 for the delivery of goods of higher value, or in the seller’s waiver of rights, it is difficult to determine whether the seller’s actions indicate a waiver of such rights, In conclusion, this paper may provide the understanding of the buyer’s non-conformity notification obligation in the CISG by persenting theses issues to international trade transaction parties.