국제물품매매협약에서의 인적손해 배제와 보통법의 적용

Abstract

The application of the Convention on the International Sale of Goods can be divided into matters excluded under the provisions of the CISG and matters explicitly stipulated in the Convention. Among them, Article 5 of the CISG stipulates that the application of the Convention is excluded and can be applied according to the governing law to be determined. According to the Articles, this study aims to examine the contents of Personal Injury excluded from the application of the Convention, focusing on Article 5, regarding matters excluded from the application of the Convention. Applying the common law when death or injury occurs due to goods in international transactions will give uniformity to CISG and secure legal stability. After examining precedents applying the common law in the case where the buyer suffered personal injury from defects goods excluded from CISG Article 5, by examining the applicability of the common law to Personal injury that frequently occur in international contracts for the sale of goods, we intend to present a unified governing law.