18.97.14.81
18.97.14.81
close menu
Candidate
국제물품매매상 매도인의 손해배상청구에 관한 연구 -재매각 대상물의 가치평가 기준을 중심으로-
A Study on the Seller`s Claiming Damages under International Sales Contracts -focus on evaluations of the Goods under resale-
안영태 ( Yeung Tae Ahn ) , 김종태 ( Jong Tae Kim )
UCI I410-ECN-0102-2009-360-002735256

This study is to examine the general respects of seller`s right of indemnity for damages in connection with resale under the buyer`s breach of international sales contract and is mainly concerned to the method of calculation and major factors for calculating damages compensable through the resale based on the CISG, S.G.A. and the previous judgements and arbitral tribunals. In connection with the time to make decision for resale, measuring the value of commodities could be made from the view of three different stages, such as already completed for production, under production proceeds, and production non-commenced until the time of the buyer`s refusal. The marketability is also in all cases founded on the presumed intention of the parties. The practical situation draws with the effectiveness of resale transaction as cannot have been within contemplation of minimum difference in between the resale current or market prices and the fixed price on contract. The writer takes account of the fact that the resale is the most believable remedy in the contractual obligations possibly overlapped with tortious or restitutory obligations in the field of mitigation and the practicable matters to the extent based on the general principles.

[자료제공 : 네이버학술정보]
×