CISG에서 면책요건의 적용에 관한 연구

The purpose of this study is to analyze several requirements for a breaching party'sexemption under contracts for the international sale of goods due to changed circumstances. For this study, several cases focused the exemption provision of CISG article 79(1) wereinvestigated as follow : A party is not liable for failure to perform any of his obligations ifhe proves that the failure was due to an impediment beyond his control and that he couldnot reasonably be expected to have taken the impediment into account at the time of theconclusion of the contract or to have avoided or overcome it or its consequences. Theintention to draft CISG article 79 is explicit. A breaching party is not liable for any hisnon-performance under CISG article 79(1). But the non-performance must due to animpediment which is uncontrollable, unforeseeable and unavoidable. In conclusion, theadoption of the exemption provisions is comparatively strict in working levels and it is veryrare for a breach party to be exempted in a court or a court of arbitration under CISGarticle 79(1). KCI Citation Count: 2