• 무역상무연구
• /
• 제47권
• /
• pp.49-78
• /
• 2010

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

• 무역상무연구
• /
• 제51권
• /
• pp.187-210
• /
• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• 한국건축시공학회지
• /
• 제7권4호
• /
• pp.83-91
• /
• 2007

This study tries to provide concept on establishment of CM license basis, CM selection procedure and CM contract documents through a comparative study of CM services in several CM contract documents in the America. This results of study are summarized as follows; Establishment of basis on the work scopes and legal license of CM company. Establishment of CM selection and contract procedure. Preparation of CM contract documents. Preparation of CM manual.

• 무역상무연구
• /
• 제54권
• /
• pp.99-122
• /
• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• 통상정보연구
• /
• 제13권3호
• /
• pp.459-485
• /
• 2011

본 연구는 매도인의 서류교부의무에 관하여 규정하고 있는 CISG의 제30조와 34조의 내용을 무역관습인 Incoterms 및 신용장통일규칙(UCP)과 관련하여 해석하고, 서류교부의무의 위반이 매수인에게 어떤 법적 구제권을 부여하는지를 규명한다. CISG는 제 30조와 34조에 매도인의 서류교부의무에 관한 규정을 두고 있으나 서류의 종류, 서류교부 시기, 장소, 형식 등에 대해서는 별도로 규율하지 않고 계약 및 관습(usage)에 의존하고 있다. 이에 따라 계약에 명시적인 규정이 없는 경우 Incoterms와 신용장통일규칙이 협약을 보완하여 적용된다. 매도인이 계약에 적합한 서류를 정해진 시기, 장소, 형식에 따라 교부할 의무를 이행하지 않는 경우 협약의 제45조에 의해 이행청구권, 계약해제권 및 손해배상청구권 등의 구제권이 매수인에게 부여된다. 그러나 계약해제권의 경우 협약이 계약의 유지를 기본 정신으로 하고 있으므로 매우 제한적으로 인정되는 경향이 있다.

• 통상정보연구
• /
• 제11권2호
• /
• pp.27-47
• /
• 2009

This study aims to present definite directions on practical insurance business and letter of credits through an analysis centering on each section of Article 28 of UCP600. Accordingly, we sought adefinite understanding of regulations on insurance documents and present things to be improved. And we speculate the issues on insurance documents focusing on excessive involvement of insurance in banking according to the convention of insurance business, each mortgage having liability according to contract based on the regulations on acceptance of collective insurance documents, problems in acceptance of expiry date recorded in insurance documents and alternatives. This study focuses on activation of insurance documents as contract documents of marine insurance, aiming to present interpretational base in a practical view rather than technological directions.

• 무역상무연구
• /
• 제34권
• /
• pp.157-185
• /
• 2007

The purpose of this thesis is to contribute to the activation of e-contract service for one stop e-trade by analyzing the problems and its solutions in e-contract service at home and abroad. In order to achieve the purpose of this thesis, case studies are done on e-contract service providers such as CECTRUST service of NTT DATA in Japan and HanCM.com of Haansoft in Korea and user companies such as Taisei Corporation using CECTRUST service and Hyundai Card using HanCM.com. The problems in the e-contract service are the lack of e-contract service providers, rare publicity of e-contract service, limited use of e-contract service at only home, higher pricing for e-contract service, short time management of e-contract documents by service providers, no application of newly developed security technology to e-contract service, unsatisfaction of requirements of e-contract service provider as trusted third party, absence of lower pricing e-contract service by service provider, authorizing key error in electronic signature under recognized authentication system in case of fail in renewal of digital certificate and reproduction of digital certificate. The solutions of these problems are the upbringing of e-contract service providers, broad publicity of e-contract service, development of e-contract service on a global basis, establishment of lower pricing for e-contract service, long time management of e-contract documents by service providers, application of newly developed security technology such as bio technology to e-contract service, satisfaction of requirements of e-contract service provider as trusted third party by designation of recognized e-document repository, development of lower e-contract service by way of application service provider(ASP), introduction of time stamping of e-contract document and signature key value. The limitation of this thesis is that the problems and its solutions could not meet with the broad recognition as they are conferred by intuition because of few e-contract service provider.

• 무역상무연구
• /
• 제41권
• /
• pp.3-21
• /
• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• 국제학술발표논문집
• /
• The 9th International Conference on Construction Engineering and Project Management
• /
• pp.57-66
• /
• 2022

Claims and disputes are major causes of cost and schedule overruns in the construction business. In order to manage claims and disputes effectively, it is necessary to analyze various types of contract documents punctually and accurately. Since volume of such documents is so vast, analyzing them in a timely manner is practically very challenging. Recently developed approaches such as artificial intelligence (AI), machine learning algorithms, and natural language processing (NLP) have been applied to various topics in the field of construction contract and claim management. Based on the systematic literature review, this paper analyzed the goals, methodologies, and application results of such approaches. AI methods applied to construction contract management are classified into several categories. This study identified possibilities and limitations of the application of such approaches. This study contributes to providing the directions for how such approaches should be applied to contract management for future studies, which will eventually lead to more effective management of claims and disputes.

• 국제학술발표논문집
• /
• The 2th International Conference on Construction Engineering and Project Management
• /
• pp.160-168
• /
• 2007

Conflicts of interest and independent agenda of the parties brought together for implementation of a construction project often leads to dispute in Contract and claim situations. Construction Industry is notorious for claim that is managed on its arising and there lacks an endeavor to minimize the breeding grounds through efficient planning and alignment to purpose, of all contract-documents. There failure of a concerted effort entails wastage of resources, delayed completion of facilities and stained relationships of parties when collide in mistrust in contract to win over the other. There needs a focus on the claim breeding issue and establish an effective mechanism to deal with disputes in urgency. Claim occurs mostly during the construction phase. But the seeds of claim and nutrients essential for development are contained in the contract documentation and the information supplied or not in pre-contract phase. Opportunity to prevent nutrients for seed of Claim comes to an end once tender-documents are finalized, the contract is awarded and established or not a mechanism for dealing with claim situation. The processes presented here would help in minimizing the breeding grounds and emergence of disputes during progression of works and dealing with eventualities in forceful manners for finding a resolution most effectively in relevant time.