한국무역상무학회:학술대회논문집
- 2004.12a
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- Pages.79-104
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- 2004
A Study on the Cases of Buyer's Breach
매수인의 계약위반 사례에 관한 고찰
Abstract
The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.
Keywords
- Breach of the Contract;
- Taking delivery of the Goods;
- Payment of the Price;
- Declaration of Avoidance