변형된 CIF 계약의 해석에 관한 연구
A Study on the Construction of a CIF Contract with Variation
The essential feature of a CIF contract is that a seller fulfils his part of the bargain by tendering to the buyer the proper shipping documents. If he does this, he is not in breach even though the goods have been lost before such tender. The point of saying that the seller performs his part of the bargain by tendering documents is that he is not obliged actually to deliver the goods at the agreed destination. The shipping documents are included bills of lading, marine insurance policy, commercial invoice. Not every contract of sale which is expressed to be CIF is strictly a CIF contract. Sometimes terms are introduced into contracts in that form which conflict with CIF terms, and prevent them from being CIF contracts proper. Thus, for example, contracts are to be found which, while expressed to be CIF, contain terms to the effect that ① "the goods are to be at the risk of the seller until actual delivery to the buyer" ② that "the contract is to be void for any portion shipped but not arriving", ③ that "an allowance is to be made for damaged condition on arrival" ④ that "payment is to be on landing or landed weights". Some of these terms vitiate the meaning of the CIF contract, whereas others merely impose additional obligations that can be reconciled with its basic pattern. In some cases the repugnant clause has been disregarded. In this paper, it is intended to refer to contracts which are regarded as modified CIF contracts, which may have the effect of converting a contract expressed to be CIF into a different form of contract.
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