《销售公约》与朝鲜合同法关于合同订立的比较研究

IF 1 Q2 LAW

Journal of International Trade Law and Policy Pub Date : 2020-02-27 DOI:10.1108/jitlp-07-2019-0046

Sang Man Kim

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引用次数: 0

摘要

朝鲜于2019年3月27日作为第90个成员加入了《联合国国际货物销售合同公约》，这将需要了解朝鲜法律，特别是销售合同法。本文旨在对《销售公约》和朝鲜合同法在合同的形成方面进行比较，重点是形式和书面要求、要约和承诺。，本文分析了《朝鲜民法典》和《销售公约》的规定，并回顾了以往关于合同订立的研究。，《销售公约》和《朝鲜民法典》在订立合同的许多方面都非常相似。然而，在合同的订立方面存在一些差异，当事人在选择适用法律时需要注意。，双方在与朝鲜订立销售合同时，需要注意《朝鲜民法典》和《销售公约》在订立合同方面的差异。，据作者所知，本文将是第一篇关于《销售公约》和朝鲜合同法在合同订立方面的比较研究工作。

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A comparative study of the CISG and the North Korean contract law as to formation of a contract

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.,This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.,The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.,The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.,This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

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来源期刊

Journal of International Trade Law and Policy LAW-

CiteScore

1.10

自引率

11.10%

发文量

期刊介绍： The Journal of International Trade Law and Policy is a peer reviewed interdisciplinary journal with a focus upon the nexus of international economic policy and international economic law. It is receptive, but not limited, to the methods of economics, law, and the social sciences. As scholars tend to read individual articles of particular interest to them, rather than an entire issue, authors are not required to write with full accessibility to readers from all disciplines within the purview of the Journal. However, interdisciplinary communication should be fostered where possible. Thus economists can utilize quantitative methods (including econometrics and statistics), while legal scholars and political scientists can invoke specialized techniques and theories. Appendices are encouraged for more technical material. Submissions should contribute to understanding international economic policy and the institutional/legal architecture in which it is implemented. Submissions can be conceptual (theoretical) and/or empirical and/or doctrinal in content. Topics of interest to the Journal are expected to evolve over time but include: -All aspects of international trade law and policy -All aspects of international investment law and policy -All aspects of international development law and policy -All aspects of international financial law and policy -Relationship between economic policy and law and other societal concerns, including the human rights, environment, health, development, and national security