• 제목/요약/키워드: Civil Act

검색결과 456건 처리시간 0.021초

국제상사계약의 유효성에 관한 주요국가의 입법례 검토 (Review of Legislation Case in Main Country about the Validity of International Commercial Contract)

  • 류창원
    • 무역상무연구
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    • 제69권
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    • pp.153-178
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    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

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Topology and geometry optimization of different types of domes using ECBO

  • Kaveh, A.;Rezaei, M.
    • Advances in Computational Design
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    • 제1권1호
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    • pp.1-25
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    • 2016
  • Domes are architectural and elegant structures which cover a vast area with no interrupting columns in the middle, and with suitable shapes can be also economical. Domes are built in a wide variety of forms and specialized terms are available to describe them. According to their form, domes are given special names such as network, lamella, Schwedler, ribbed, and geodesic domes. In this paper, an optimum topology design algorithm is performed using the enhanced colliding bodies optimization (ECBO) method. The network, lamella, ribbed and Schwedler domes are studied to determine the optimum number of rings, the optimum height of crown and tubular sections of these domes. The minimum volume of each dome is taken as the objective function. A simple procedure is defined to determine the dome structures configurations. This procedure includes calculating the joint coordinates and element constructions. The design constraints are implemented according to the provision of LRFD-AISC (Load and Resistance Factor Design-American Institute of Steel Constitution). The wind loading act on domes according to ASCE 7-05 (American Society of Civil Engineers). This paper will explore the efficiency of various type of domes and compare them at the first stage to investigate the performance of these domes under different kind of loading. At the second stage the wind load on optimum design of domes are investigated for Schwedler dome. Optimization process is performed via ECBO algorithm to demonstrate the effectiveness and robustness of the ECBO in creating optimal design for domes.

Steady-state response and free vibration of an embedded imperfect smart functionally graded hollow cylinder filled with compressible fluid

  • Bian, Z.G.;Chen, W.Q.;Zhao, J.
    • Structural Engineering and Mechanics
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    • 제34권4호
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    • pp.449-474
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    • 2010
  • A smart hollow cylinder consisting of a host functionally graded elastic core layer and two surface homogeneous piezoelectric layers is presented in this paper. The bonding between the layers can be perfect or imperfect, depending on the parameters taken in the general linear spring-layer interface model. The effect of such weak interfaces on free vibration and steady-state response is then investigated. Piezoelectric layers at inner and outer surfaces are polarized axially or radially and act as a sensor and an actuator respectively. For a simply supported condition, the state equations with non-constant coefficients are obtained directly from the formulations of elasticity/piezoelasticity. An approximate laminated model is then introduced for the sake of solving the state equations conveniently. It is further assumed that the hollow cylinder is embedded in an elastic medium and is simultaneously filled with compressible fluid. The interaction between the structure and its surrounding media is taken into account. Numerical examples are finally given with discussions on the effect of some related parameters.

Nonlinear interaction behaviour of infilled frame-isolated footings-soil system subjected to seismic loading

  • Agrawal, Ramakant;Hora, M.S.
    • Structural Engineering and Mechanics
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    • 제44권1호
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    • pp.85-107
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    • 2012
  • The building frame and its foundation along with the soil on which it rests, together constitute a complete structural system. In the conventional analysis, a structure is analysed as an independent frame assuming unyielding supports and the interactive response of soil-foundation is disregarded. This kind of analysis does not provide realistic behaviour and sometimes may cause failure of the structure. Also, the conventional analysis considers infill wall as non-structural elements and ignores its interaction with the bounding frame. In fact, the infill wall provides lateral stiffness and thus plays vital role in resisting the seismic forces. Thus, it is essential to consider its effect especially in case of high rise buildings. In the present research work the building frame, infill wall, isolated column footings (open foundation) and soil mass are considered to act as a single integral compatible structural unit to predict the nonlinear interaction behaviour of the composite system under seismic forces. The coupled isoparametric finite-infinite elements have been used for modelling of the interaction system. The material of the frame, infill and column footings has been assumed to follow perfectly linear elastic relationship whereas the well known hyperbolic soil model is used to account for the nonlinearity of the soil mass.

Fatigue analysis of partly damaged RC slabs repaired with overlaid UHPFRC

  • Deng, Pengru;Kakuma, Ko;Mitamura, Hiroshi;Matsumoto, Takashi
    • Structural Engineering and Mechanics
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    • 제75권1호
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    • pp.19-32
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    • 2020
  • Due to repetitive traffic loadings and environmental attacks, reinforced concrete (RC) bridge deck slabs are suffering from severe degradation, which makes structural repairing an urgency. In this study, the fatigue performance of an RC bridge deck repairing technique using ultra-high performance fiber reinforcement concrete (UHPFRC) overlay is assessed experimentally with a wheel-type loading set-up as well as analytically based on finite element method (FEM) using a crack bridging degradation concept. In both approaches, an original RC slab is firstly preloaded to achieve a partly damaged RC slab which is then repaired with UHPFRC overlay and reloaded. The results indicate that the developed analytical method can predict the experimental fatigue behaviors including displacement evolutions and crack patterns reasonably well. In addition, as the shear stress in the concrete/UHPFRC interface stays relatively low over the calculations, this interface can be simply simulated as perfect. Moreover, superior to the experiments, the numerical method provides fatigue behaviors of not only the repaired but also the unrepaired RC slabs. Due to the high strengths and cracking resistance of UHPFRC, the repaired slab exhibited a decelerated deterioration rate and an extended fatigue life compared with the unrepaired slab. Therefore, the proposed repairing scheme can afford significant strengthen effects and act as a reference for future practices and engineering applications.

대학생들의 개인적 특성과 돈 태도 유형이 기부에 대한 소비자 태도에 미치는 영향 (The Influences Personality and the Attitudes Towards Money Play on the Act of Giving Money, by University Students)

  • 김정훈
    • 한국생활과학회지
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    • 제20권4호
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    • pp.819-829
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    • 2011
  • The purpose of this study was to explore the influences of personality and the money attitude on the giving of money by university students. 275 questionnaires were used for the statistical analysis of this study. The questionnaire includes attitudes towards money and giving money, whether or not respondents had a NGO membership, the level of participation into volunteer service, and other demographic information. The results of the study show that, female, middle class students with no religious preference tended to be more positiveabout giving money. There was a positive relationship between citizenship and giving money attitudes. It means that more actively attended citizenship activities were by students, the more positive attitudes towards giving money they had. The compulsive & consumptive types were more sardonic than others. The managerial types perceived less negatively giving organization. Based on these results, the following have been suggested in order to expand personal giving attitudes, voluntary programs, and activities related to the civil society for students. There needs to be a financial management education program with a balance struck between expenditure categories of consumption and non-consumption, including giving money to others.

연명의료결정법의 시행과 제도적 실현을 위한 방안 (Act on hospice-palliative care and life-sustaining treatment decision-making and institutional measures for its implementation)

  • 허정식;김기영
    • Journal of Medicine and Life Science
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    • 제16권3호
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    • pp.80-83
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    • 2019
  • First of all, this study shows the legal issues of hospice and palliative care, and the legal basis for lifelong medical practice is generally derived from medical, civil and criminal law regulations, and is applied to patients who are severely ill and dying in principle. In addition, those what is particularly meaningful about hospice and palliative care in terms of legal aspects are discussed the determination of the purpose of care and the provision of medical adaptability and adult guardianship, in particular the legal criteria for the work and status of patient representatives. As such, the purpose of care is to form part of the contract of care and to be agreed between the patient and the physician. In addition, the patient may not write to his/her agent in advance, and the patient may admit discretionary powers to his/her agent, but the patient's will is to be considered. In conclusion, the medical institutional ethics committee should play an active role, especially in the case of no-agents/family or no intention of the patient.

중재지인 외국에서 취소된 중재판정의 효력에 관한 고찰 (A Study on The effect of Set aside Arbitral award made abroad)

  • 김명엽
    • 한국중재학회지:중재연구
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    • 제13권2호
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    • pp.103-122
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    • 2004
  • Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

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정보통신망상의 불법정보에 대한 경찰책임 (The Police Responsibility about Illegal Information on the Information Communication Network)

  • 구형근;정순형
    • 디지털융복합연구
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    • 제11권9호
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    • pp.87-94
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    • 2013
  • 정보통신망상에 무분별하게 유통되는 각종 불법정보에 대한 기존의 법적규제는 정보통신서비스제공자의 형사적 책임과 민사적 책임을 중심으로 논의되고 있다. 하지만 본 논문에서는 정보통신망상의 불법정보 차단을 위한 경찰권행사의 대상으로서 경찰책임의 문제로 접근해보았다. 이러한 인식을 근거로 정보통신망상 불법정보의 신속한 차단을 위해 행위책임자에 대한 직접적 규제방식이 아닌 상태책임자인 정보통신서비스제공자에 대한 간접적 규제방식을 채택하고 있는 현행 정보통신망법 제44조의7 제2항의 문제점과 개선방안을 제시하고자 하였다.

Axial compressive strength of short steel and composite columns fabricated with high stength steel plate

  • Uy, B.
    • Steel and Composite Structures
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    • 제1권2호
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    • pp.171-185
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    • 2001
  • The design of tall buildings has recently provided many challenges to structural engineers. One such challenge is to minimise the cross-sectional dimensions of columns to ensure greater floor space in a building is attainable. This has both an economic and aesthetics benefit in buildings, which require structural engineering solutions. The use of high strength steel in tall buildings has the ability to achieve these benefits as the material provides a higher strength to cross-section ratio. However as the strength of the steel is increased the buckling characteristics become more dominant with slenderness limits for both local and global buckling becoming more significant. To arrest the problems associated with buckling of high strength steel, concrete filling and encasement can be utilised as it has the affect of changing the buckling mode, which increases the strength and stiffness of the member. This paper describes an experimental program undertaken for both encased and concrete filled composite columns, which were designed to be stocky in nature and thus fail by strength alone. The columns were designed to consider the strength in axial compression and were fabricated from high strength steel plate. In addition to the encased and concrete filled columns, unencased columns and hollow columns were also fabricated and tested to act as calibration specimens. A model for the axial strength was suggested and this is shown to compare well with the test results. Finally aspects of further research are addressed in this paper which include considering the effects of slender columns which may fail by global instabilities.