ICCモデル売買契約書に関する研究

概要

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The ICC Model International Sale Contract is intended to provide a reliable and equitable standard legal platform for the global export-import sector. There are a myriad of different types of goods sold in international transactions. The Model Contract is limited to manufactured goods intended for resale. The Model Contract is divided into two parts : the first, Part A, is essentially a checklist of specific conditions to an international sale; the second, Part B, is a list of General Conditions divided into 14 articles. In general, Part A is an excellent tool for parties and lawyers to use when reviewing a proposed international sale transaction. Part B is also a good tool for parties to use as a guide to the general terms and conditions of the transaction. But some of these articles should be amended and improved because their contents are inappropriate from a commercial point of view. I conclude that although the ICC Model Contract is a good tool for parties to use as a legal contract form, there are many articles which should be amended, especially, Articles A-3 (terms of trade), A-8 (documents), A-14 (governing law), B-10 (delivery) and B-11 (inappropriate goods). I explain why these articles are inappropriate and propose some revisions.
平安女学院大学の論文
2001-03-10