작은 로스쿨 국제거래법

제1부 국제사법

제1편 국제사법총론상의 제논점
제1장 국제사법의 의의 및 특성 3
제1절 국제사법의 의의 ···············································································3
제2절 국제사법의 특성 ···············································································3
제3절 국제사법 규정(저촉규정)의 종류 ····················································3
제4절 국제사법 규정의 흠결 ·····································································4
제2장 법률관계의 성질결정 5
제1절 개 념 ································································································5
제2절 성질결정의 준거법 ···········································································5
제3장 연결점 확정 6
제1절 연결점의 의의와 확정 ······································································6
제2절 다양한 연결의 방법 ·········································································6
제4장 적응(조정)문제 7
제5장 선결문제 7
제1절 선결문제의 의의 ···············································································7
제2절 선결문제에 적용되는 준거법에 관한 학설과 판례 ······················7

제2편 국제사법 총칙
제1장 총 칙 ···········································································································8
제1절 국제사법의 적용대상 ········································································8
제2절 국제재판관할권 ·················································································9
제3절 연결점으로서의 국적과 상거소의 확정 ·······································12
제4절 준거법의 확정 - 준거법지정의 예외, 반정 ······························13
제5절 준거법으로서 외국법의 적용과 제한 ·········································16

제3편 국제사법 각칙
제1장 국제민법총칙 19
제1절 자연인 ·······························································································19
제2절 법인 및 단체 ···················································································22
제3절 법률행위 ··························································································23
제2장 국제물권법 27
제1절 준거법 선택의 일반원칙 ································································27
제2절 준거법의 적용범위 ·········································································27
제3절 목적물의 소재지 변경 ···································································30
제4절 지식재산권 ·······················································································31
제3장 국제채권법 32
제1절 계약채권 ···························································································32
제2절 법정채권 ··························································································39
제3절 채권.채무관계 ···············································································43
제4장 국제친족법 45
제1절 약 혼 ······························································································45
제2절 혼 인 ······························································································45
제4절 이 혼 ······························································································48
제5절 친 자 ······························································································49
제6절 부 양 ······························································································53
제7절 그 밖의 친족관계 ···········································································54
제8절 후 견 ······························································································54
제5장 국제상속법 56
제1절 상 속 ······························································································56
제2절 유 언 ······························································································57
제6장 국제상사법 59
제1절 국제어음.수표법 ············································································59
제2절 국제해상법 ······················································································63

제2부 국제물품매매계약에 관한 UN협약

제1편 적용범위와 총칙
제1장 적용범위 67
제1절 협약의 적용요건 - 국제성, 물품, 매매계약, 체약국과의 관련성67
제2절 협약의 적용제외 ·············································································70
제2장 총 칙 ········································································································73
제1절 협약의 해석원칙 ·············································································73
제2절 당사자의 의사해석 기준 ································································73
제3절 거래관행과 관례의 존중 ································································74
제4절 방식자유와 유보국에 대한 예외 ··················································74

제2편 계약의 성립
제1장 청 약 ·········································································································76
제1절 청약의 의의 ·····················································································76
제2절 청약의 효력발생 시기와 회수 ······················································77
제3절 청약의 철회(취소) ··········································································78
제4절 청약의 실효 ·····················································································78
제2장 승 낙 ········································································································79
제1절 승낙의 의의 ·····················································································79
제2절 승낙의 효력발생시기와 승낙기간 ···············································79
제3절 행위에 의한 승낙 ··········································································81
제4절 변경을 가한 승낙 ·········································································82
제5절 연착된 승낙 ···················································································83
제3장 계약의 성립 ······························································································84
제1절 계약의 성립시기 ·············································································84
제2절 의사표시 도달인정 시기 ································································84

제3편 물품의 매매
제1장 총 칙 ········································································································85
제1절 본질적 계약위반 ·············································································85
제2절 계약해제의 통지 ·············································································87
제3절 의사표시의 전달위험 - 발신주의 ················································88
제4절 특정이행과 법정지주의 ··································································88
제5절 합의에 의한 계약변경과 해제 ······················································89
제2장 매도인의 의무 ··························································································90
제1절 물품의 인도와 서류의 교부의무 ·················································90
제2절 물품의 소유권이전의무 ································································93
제3절 물품의 적합성과 제3자의 권리주장 ···········································93
제4절 매도인의 계약위반에 대한 매수인의 구제 수단 ·······················101
제3장 매수인의 의무 ························································································109
제1절 대금의 지급 ·················································································109
제2절 인도의 수령 ···················································································112
제3절 물품의 검사 및 부적합통지 ·························································113
제4절 매수인의 계약위반에 대한 매도인의 구제 ······························113
제4장 위험의 이전 ·····························································································118
제1절 서 설 ·····························································································118
제2절 위험의 이전 ·················································································118
제5장 매도인과 매수인의 의무에 공통되는 규정 ······································122
제1절 이행기 전의 계약위반과 분할인도계약 ····································122
제2절 손해배상액 ···················································································125
제3절 이 자 ····························································································128
제4절 면 책 ····························································································128
제5절 해제의 효력 ···················································································130
제6절 물품의 보관 ·················································································133

제4편 최종규정
제1절 수탁자, 서명, 비준, 수락, 승인, 가입 ······································137
제2절 다른 조약과의 관계 ······································································138
제3절 유보선언 ·························································································138
제4절 협약의 효력발생 ···········································································139
제5절 폐 기 ····························································································140