国連物品売買条約の契約成立に関する適用事例について(富澤敏勝教授退職記念特集)
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概要
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The time has come for Japan to seriously consider acceding to the United Nations convention on Contracts for the International Sale of Goods (CISG). Currently, 67 countries have acceded to the CISG after Korea's agreement to do so in 2005. Among the major countries involved international trade, only two remain as non-signatory nations: Japan and the UK. The reason for the UK's refusal is somewhat understandable. The laws of England and Wales, to some extent, have been accepted as a de facto standard for international trade. As a result, the UK has had little incentive to become a member of the CISG (although they are now considering acceding to it). Japan's reluctance in acceding to the CISG is rather vague in comparison. One of the major reasons is probably because Japan's industrial sector has had little need for it. International trade in Japan has been monopolized by the large trading firms, called SOGOSOSHA, which use their own contractual forms in their business transactions. Thus, it is not necessary for them to apply CISG rules to international trade. However, in today's business world, international trade has become exceedingly common in Japan even for the smaller companies who do not have the capacity to prepare their own contractual forms. For the smaller companies, like those who do not have their own legal staff, the application of CISG can serve as a stabilizing factor which regulates international sales and purchases and thereby creating a more stable business environment. There is an additional reason for Japan's hesitation in acceding to the CISG. CISG has not been legally stabilized yet because there has not been enough case volume relating to it. However, cases have accumulated considerably since CISG went into effect in 1988. The main purpose of this paper is to provide an overview of the cases relating to CISG II (contract formation) and survey the predictability of case law. Thus far no cases have been found to deviate beyond the range of predictability relating to CISG case law. Judging from my own empirical evidence, there appears to be no significant impediments to the application of CISG in Japan. Moreover, acceding to the CISG is expected to contribute to the world legal culture of fellow CISG members through the disclosure of CISG cases handled by courts in Japan. This corresponds with current governmental policy which intends to broaden Japanese legal culture, such as processing English translation of the fundamental Japanese statutes. It is hoped that this paper will contribute to the discussion concerning Japan's acceptance of CISG.
- 山形大学の論文
- 2007-02-15
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