• Title/Summary/Keyword: 계약위반

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A Study on the Right of the Suspension of Performance under SGA (SGA상의 이행정지권에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.41 no.5
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    • pp.187-211
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    • 2016
  • This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

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A Empirical Study on the Relationships between Leader Supervisory Style, Psychological Contract Breach and Employee Resistance in the convergence age (융·복합 시대의 리더 감독 유형, 심리적 계약위반과 종업원 저항에 관한 실증적 연구)

  • Kim, Yuen-Kyu;So, Byung-Sam;Lee, Sun-Kyu;Kang, Eun-Gu;Cho, You-Jin
    • Journal of Digital Convergence
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    • v.13 no.10
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    • pp.107-120
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    • 2015
  • In this paper, we study the conflict management plan of the organization in the age of convergence. More specifically, we reveal the impact of the conflict according to behavior of the leader. To this purpose, The behavior of the leader were classified as Supportive Leader and Controlled Leader, and forms of Resistance wert classified as Functional Resistance and Dysfunctional Resistance that results of the conflict. Also, Psychological Contract Violation and Breach was set up as a mediate variable. The results were as follows. First, When employee resistance comes up in the organization, Support behavior of Leaders leads to desirable changes in the organization through the functional and constructive resistance. In contrast, Controlled behavior of Leaders leads the destructive and dysfunctional resistance of employee. Second, Since the perception that the follower is receiving assistance to leaders, it reduces the perception of psychological contract violation, but Controlled leader is largely perceived as the Psychological Contract Violation to the followers. Third, Supportive Leader is not influence the affect of employee, and They resolve the Conflict in objective and positive way. Therefore, the results of this study have many theoretical and practical implications.

분양계약시 '사전고지' 의무를 위반한 경우

  • Cha, Heung-Gwon
    • 주택과사람들
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    • s.199
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    • pp.90-91
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    • 2006
  • 분양 계약을 할 때 쓰레기 매립장이나 장례식장, 납골당 같은 회피시설의 존재나 건설 예정 사실에 대해 사업 주체가 숨기거나 축소하는 경우가 많다. 이러한 경우 수분양자는 분양 계약을 취소할 수 있고 유지할 수도 있는데, 각각의 경우에 대해 살펴본다.

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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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의사와 환자와의 법률관계

  • Lee, Jun-Sang
    • 건강소식
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    • v.16 no.10 s.167
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    • pp.38-42
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    • 1992
  • 의사와 치료를 원하는 환자사이의 관계를 흔히 진료계약으로 설명한다. 의료법 등의 법률에 위반되지 않으면서 환자의 진료에 최선을 다해야 하는 진료계약에 대해 알아본다.

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