@article{ART001854859},
author={Kim Bong Su},
title={Non-conformity of Goods in CISG},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={62},
pages={433-459}
TY - JOUR
AU - Kim Bong Su
TI - Non-conformity of Goods in CISG
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 62
PB - The Institute for Legal Studies Dong-A University
SP - 433
EP - 459
SN - 1225-3405
AB - CISG is based on the “non-conformity”, the unitary conception that doesn’t ask the type and gravity of its defect. Which means, the CISG doesn’t consider the divergence of quality or quantity, delivery of aliud, wrong packing or other conditions when deciding the non-conformity, and this is separated from the gravity of defect. CISG Art. 35 defines the non-conformity of goods with 2 conditions; whether there is agreement about conditions of goods between the parties or not. This regulation states that the subjective standard shall be the first consideration when judging the non-conformity. Then the required quality of the contract contains the statement, representation and confirmation, let alone the promise the seller had to buyer. After this, the non-conformity shall be judged by the objective standard as follows; the fitness for ordinary purpose of goods among other items with the same descriptions, the fitness for particular purpose which was told to buyer when the contract was made, the correspondence of the goods with the sample or model which the seller demonstrated to buyer. There are some opposing opinions regarding the delivery of aliud, but it needs to be defined as non-conformity when considering the purpose of CISG and its Art.35. And Art. 38 and 39 stipulate the duty of buyer, who delivered the goods, to investigate and the duty to notify regarding the non-conformity. Korea civil code doesn’t have any regulation on the concept of deficiency and criteria, and treat with only theory and precedent. Since there are various views on the standard of defect and few discussion on the type of special defects, the definition of non-conformity of goods of CISG gives thoughts to us regarding the interpretation of Korean Civil Code and de lege ferenda.
KW - CISG;UN-Kaufrecht;sales contract;non-conformity of goods;defect of goods;defect of ownership;duty to investigate on non-conformity of goods;duty to notify of non-conformity of goods
DO -
UR -
ER -
Kim Bong Su. (2014). Non-conformity of Goods in CISG. DONG-A LAW REVIEW, 62, 433-459.
Kim Bong Su. 2014, "Non-conformity of Goods in CISG", DONG-A LAW REVIEW, no.62, pp.433-459.
Kim Bong Su "Non-conformity of Goods in CISG" DONG-A LAW REVIEW 62 pp.433-459 (2014) : 433.
Kim Bong Su. Non-conformity of Goods in CISG. 2014; 62 : 433-459.
Kim Bong Su. "Non-conformity of Goods in CISG" DONG-A LAW REVIEW no.62(2014) : 433-459.
Kim Bong Su. Non-conformity of Goods in CISG. DONG-A LAW REVIEW, 62, 433-459.
Kim Bong Su. Non-conformity of Goods in CISG. DONG-A LAW REVIEW. 2014; 62 433-459.
Kim Bong Su. Non-conformity of Goods in CISG. 2014; 62 : 433-459.
Kim Bong Su. "Non-conformity of Goods in CISG" DONG-A LAW REVIEW no.62(2014) : 433-459.
