• 주택과사람들
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• s.206
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• pp.56-59
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• 2007

9월 청약가점제에 따른 실수요자 대응 방안은 분양가상한제 적용 주택에 대한 가점제에 맞춰 자신의 항목별 상황을 파악하고 점수를 따져 물량을 고르는 것이다. 실수요자들은 새롭게 바뀐 가점제를 면밀히 검토하며 전략을 새로 짜야 할판. 이에 따른 정확한 청약 전략을 제시한다.

• 주택과사람들
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• s.204
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• pp.36-39
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• 2007

분양가 상한제, 원가 공개 등으로 주택 공급 시장이 혼란을 겪고 있다. 오는 9월 분양가 상한제 시행 이전에 분양 물량을 털어버리고 그 이후 주택 공급 계획에 대해서는 건설사들조차 갈피를 못 잡고 있다. 수요자들도 청약가점제, 분양가 상한제 등으로 바뀌는 청약 시장에 어떻게 대응할지 촉각을 곤두세우고 있다. 바뀌는 주택 공급 정책에 대해 살펴보고 현 시장 상황을 진단해보았다.

• Korea Trade Review
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• v.41 no.4
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• pp.21-40
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• 2016

This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

• 주택과사람들
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• s.206
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• pp.24-27
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• 2007

주택업계는 분양가상한제 등 주택 시장의 환경변화에 적절히 대응해 나가고 이를 새로운 기회로 활용해 수익구조의 변화를 시도해야 할 필요성이 대두되고 있다. 이에 따라 주택업계가 이 같은 여건하에서 분양가상한제 및 청약제도 개편에 적절히 대응하는 방안에 어떤 것들이 있는가를 살펴보자

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.3-24
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• 2014

This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.1-22
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• 2016

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

• The Journal of Information Technology
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• v.1 no.2
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• pp.103-118
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• 1998

The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.