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관세사 무역영어 (2013-04-13)
38번
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국제물품매매계약에 관한 UN협약(CISG, 1980)의 '총칙(General Provisions)'에 관한 내용으로 옳지 않은 것은?
1
Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.
2
Statement made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.
3
In determining the intent of a party or understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.
4
The parties are bound by any usage to which they have agreed and by any practices which they have established between themselves.
5
The parties are considered to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in national transaction is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned.
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