• Title/Summary/Keyword: Assignment of rights

Search Result 15, Processing Time 0.024 seconds

A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.74
    • /
    • pp.25-54
    • /
    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

  • PDF

Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles (UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계)

  • Hur, Hai-Kwan
    • Journal of Arbitration Studies
    • /
    • v.32 no.2
    • /
    • pp.31-53
    • /
    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

A Study on the International Assignment of Monetary Rights - Focused on Special Contractual limitations on Assignment of Receivables - (금전채권의 국제적 양도에 관한 연구 - 채권양도금지특약을 중심으로 -)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.71
    • /
    • pp.59-84
    • /
    • 2016
  • Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

  • PDF

The Economic Effects of III-defined Property Rights: The Case of Korean Green Belt (재산권 불명(不明)현상이 자원이용에 미치는 영향에 관한 연구: 그린벨트의 경우)

  • 김성배
    • Journal of the Korean Regional Science Association
    • /
    • v.15 no.3
    • /
    • pp.15-31
    • /
    • 1999
  • This study examines the economic effects of ill-defined property rights on the resource usage with special reference to the Korean Green Belt. Property rights are considered ill-defined, when their whereabouts are not clearly delineated, they are not assigned to those who utilize them most efficiently, and they are not exercised precisely. If properly, and they are not exercised precisely. If properly rights are ill-defined, it is more likely that economic agents pursue opportunistic and illegal behaviors and even their rational behaviors tend to bring about undesirable outcomes, and social conflicts occur around the assignment of the rights. Upon the completion of a case study, we found that the ill-defined property right system of the Korean Green Belt has, in fact, resulted in several problems in resource usatge. Inefficient land use, compromising reassignment of property rights, the prevalence of illegal activities, huge management costs, and the spread of social conflicts are the problems in question. These problems can be resolved by the realignment of property rights, since they are caused by the ill-defined property right system. To resolve such problems, we need to reassign properly rights so that their delineation may be complete and those who value them highest may exercise the rights, and social justice in terms of wealth distribution may be achieved.

  • PDF

A Study on Role Conflict and Job Satisfaction of Neurosurgery Clinical Nurse Specialist (신경외과 임상전문간호사의 역할갈등과 직무만족에 관한 연구)

  • Lee, Hae Jin;Kang, Young Sil;Choi, Eun Sook
    • Korean Journal of Adult Nursing
    • /
    • v.18 no.2
    • /
    • pp.304-313
    • /
    • 2006
  • Purpose: The purpose of this study was to describe role conflict and job satisfaction of Neurosurgery Clinical Nurse Specialist(NCNS) and to identify associated factors. Method: The target populations was 77 NCNSs from 30 general hospitals. Data were collected with self-administered questionnaires and analyzed using t-test and ANOVA. Results: The overall mean scores of role conflict and job satisfaction were $3.60({\pm}0.54)$ and $3.04({\pm}0.46)$ respectively. Significant variables affecting role conflict were the working period as NCNS, the number of colleague NCNSs in working hospital, and assignment of prescription rights. The significant variable affecting job satisfaction was assignment of prescription rights. There was no statistically significant correlation between job and role conflict. Conclusion: The variable effecting both role conflict and job satisfaction was the extent of prescription rights. In order to improve the quality of patient care and to protect Neurosurgery Nurse Clinical Specialist, the enactment of law on prescription practice is needed.

  • PDF

A Study on Smoking Area Guidelines that Respect the Rights of the People - With a Focus on Independent Outdoor Smoking Areas - (국민 권리존중을 위한 흡연공간 가이드라인 연구 - 실외 독립형을 중심으로 -)

  • Lee, Byoung-Ho
    • Korean Institute of Interior Design Journal
    • /
    • v.22 no.3
    • /
    • pp.154-163
    • /
    • 2013
  • Current principles of designating a smoking area within a non-smoking area rely on mere compartmentalization. This causes non-smokers aversion against smokers and smokers complaints about anti-smoking policies, which means both of them are not satisfied with the current scheme. In addition, such a system, far from the original intent of the law, does not provide appropriate respect for people's rights. The biggest problem of the current scheme is that smoking areas are not separated from non-smoking areas. Japan has continued installing independent smoking areas since 2002 and witnessed a decrease in the smoking rate. The country's success is attributable to: the state's active intervention in connection with enterprises; continuous environmental improvements and creation of goods; 'smoking etiquette' campaigns; and the sociality and group consciousness of Japanese people. It is recognized that the synergy of the designation of independent smoking areas and such multi-faceted efforts has led to the nation's accomplishment. Hence, it is required to install independent smoking areas in non-smoking areas in Seoul in order to respect the rights of smokers and non-smokers and resolve conflicts between them. It is not suitable to merely model after Japan's case, however, studies and guidelines that are tailored to Korea's own environment and social atmosphere are required. To ensure that the people recognize the necessity for smoking areas, a social consensus is formed and proper smoking areas are established in a systemic manner, a system for that purpose should connote a symbol of the social consensus and consequent guidelines should take physical elements, human activities and semantic assignment into consideration. This study aims to present basic guidelines to install separated smoking areas, which will keep distance between smokers and non-smokers, form a social consensus and establish a sound smoking culture. These would ensure that the rights of both smokers and non-smokers are fully respected and that government policies are trusted by the people.

Outline of the Additions and Amendments in UNIDROIT Principles 2004 ("UNIDROIT Principles 2004"의 변경(變更).신설내용(新設內容)의 개관(槪觀))

  • Oh, Won-Suk;Sim, Yoon-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.25
    • /
    • pp.41-71
    • /
    • 2005
  • "UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

  • PDF

Outline of the Additions and Amendments in UNIDROIT Principles 2004 ("UNIDROIT Principle 2004" 의 변경.신설내용(變更.新設內容)의 개관(槪觀))

  • Oh, Won-Suk
    • 한국무역상무학회:학술대회논문집
    • /
    • 2004.12a
    • /
    • pp.9-40
    • /
    • 2004
  • "UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

  • PDF

Educational research on the dispatch system of two or more patrol officers (외근경찰 '2인 1조' 근무원칙 훈련방식 연구)

  • Kim, Young-Joo;Cho, Kye-Pyo
    • Korean Security Journal
    • /
    • no.52
    • /
    • pp.127-141
    • /
    • 2017
  • Currently, patrol officers dispatched are required to work in pairs, and are assigned individual duties. However, despite these rules, there are still inappropriate combat education centered around dangerous weapons and arresting technique training being taught in the police system. The human rights problems resulting from excessive responses, the damages done to the patrol officers due to insufficient responses, and the judicial issues that many officers who have justly arrested face, reveal the ultimate problem of the decrease in reliability of the police. Considering this problem, there is a need for change in the current training system. Specifically, in the current dispatch rule, assignment of individual duties, and training methods, realistic improvements must be made. Having understood the arrest technique training problem and reviewed case studies of the police training in South Korea and other countries, I plan to analyze the effects of implementing a realistic and professional training system, and propose a systemic solution according to the results. By effectively discussing the various issues of the proposed training and police education, I intend to propose a realistic teamwork training for paired patrol officers, enabling them to work well together in practice and theory, hence increasing the effectiveness in crime situation.

  • PDF

A Study on the Improvement of Total Cost Change Control in Private Investment Projects (민간투자시설사업에 있어 총사업비 변경관리의 개선방안 연구 - 고속도로 민간투자시설사업을 중심으로)

  • Kim Se-Jong;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
    • /
    • autumn
    • /
    • pp.119-126
    • /
    • 2001
  • This paper analyzes problems related to total cost changes in private investment projects, and then proposes an improvement measure for the control of cost changes within the framework of the project management, contract, human resource, project communication, cost, and time management. From the viewpoint of contract management, the basis of cost change ought to be cleared up with standardization of related provisions in the concession agreement, and potentiality of change ought to be excluded with prescription of the private investor's leading role from the design phase. Regarding human resource management, this paper proposes a standard work flow granting much sovereign rights to private parts by putting restriction on work scopes of the entrusted authority of government, and transferring the rights of assignment, contract, and control about the responsible supervisor to the concessionaire. With regard to project communication management the notification of changes on drawings and technical documents ought to be automated and the realtime database ought to be established with DMIS (Drawings & Documents Management Information System). From the cost management point of view, this thesis integrates the control of cost-change-approved items and disapproved items to one cost breakdown system, and then harmonizes the actual progress with EVMS in time management.

  • PDF