• 제목/요약/키워드: Commercial Law

검색결과 617건 처리시간 0.025초

국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察) (A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods)

  • 송명복
    • 무역상무연구
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    • 제12권
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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우주법(宇宙法)과 정책(政策)의 주요과제(主要課題)와 전개방향(展開方向)에 관(關)한 연구(硏究) (A Study on Major Issues of Space Law & Policy and the Direction of Their future Development)

  • 공순길
    • 항공우주정책ㆍ법학회지
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    • 제5권
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    • pp.77-100
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    • 1993
  • The paper is to study and analyze the major issues and current problems of space law and policy to suggest the direction of Korean aerospace policy for future development facing the 21st century of air and space industry. It briefs the development of aerospace science and space law. It also outlines the special characteristics and present status of space law. It further reviews the regulatory regime of commercial space carriers, international telecommunication satelite and space environmental problems. Finally, it suggests the future directions of Korean space policy to develop as one of leading space countries in the 21st century.

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도시형 자기부상열차에 대한 철도안전법과 도시철도안전법의 충돌안전기준 적용의 비교 연구 (Comparative Study on Application of Korean Railway Safety Law and Urban Transit Safety Law to Urban Maglev Vehicle in Crashworthiness Regulations)

  • 이현철;구정서
    • 한국철도학회:학술대회논문집
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    • 한국철도학회 2008년도 춘계학술대회 논문집
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    • pp.748-754
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    • 2008
  • This paper studied on the application of Korean Railway Safety Law and Urban Transit Safety Law in Crashworthiness Regulations to the urban maglev vehicle of KIMM. The crashworthiness regulations for urban transit vehicle should be satisfied to the urban maglev vehicles according to crash analysis results using the explicit finite element method. However, according to its numerical results, the crashworthiness regulations of Korean Railway Safety Law were partially satisfied except the coupling and shunting condition. When a commercial urban maglev vehicle is developed in the near future, the crashworthiness regulations of Korean Railway Safety Law should be considered and satisfied during its structural design stage in some details

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국제팩토링계약과 한국민법의 개선점에 대한 연구 (A Study on the International Factoring Agreement for Improvement of Korean Civil Law)

  • 한기문
    • 무역상무연구
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    • 제70권
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    • pp.21-38
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    • 2016
  • The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

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Criminal And Legal Protection Of Information Relations

  • Manzhai, Oleksandr;Kuryliuk, Yurii;Miroshnykov, Ivan;Syiploki, Mykola;Vazhynskyi, Volodymyr
    • International Journal of Computer Science & Network Security
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    • 제22권5호
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    • pp.284-288
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    • 2022
  • The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.