Departmental Bulletin Paper ウィーン売買条約の起草史に見る比較法の貢献
Contribution of Comparative Law Perspective Towards the Development History of the United Nations Convention on Contracts for the International Sale of Goods
ウィーン バイバイ ジョウヤク ノ キソウシ ニミル ヒカクホウ ノ コウケン

志馬, 康紀  ,  Shima, Yasunori

20 ( 2 )  , pp.47 - 75 , 2016-03 , 大阪大学大学院国際公共政策研究科 , オオサカ ダイガク ダイガクイン コクサイ コウキョウ セイサク ケンキュウカ
Comparative law has been born and developed such that it is intricately-linked with the unifi cation of private law. Many jurists, however, fully or partially, disagree with the use of comparative law for the interpretation of the CISG. Why? To solve the question, this paper focuses on the development history and the theories of comparative law regarding the unifi cation of private law and analyzes whether comparative law has contributed toward the drafting of Article 7 and other provisions of the CISG, because there have been the intense arguments tracing back to the “differences” of the customs, domestic laws and traditional legal systems among the drafters'. This paper also focuses on the facts that the articles of the central core of the CISG have adopted the study results achieved by Ernst Rabel and his draft articles of the ULIS and ULF.

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