• Title/Summary/Keyword: Contract Practice

Search Result 172, Processing Time 0.024 seconds

Issues on Application between Letters of Credit Provisions of the UCC and the UCP (미국(美國) 통일상법전(統一商法典)의 신용장규정(信用狀規定)과 신용장통일규칙적용상(信用狀統一規則適用上)의 주요(主要) 쟁점(爭點))

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.12
    • /
    • pp.405-427
    • /
    • 1999
  • Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

  • PDF

A study on exposed aggrigate P.C. in field plant cast - case study for core building, VOTRAKON project - (골재노출 P.C제품의 현지생산에 관한 소고 -보트라콘 프로젝트의 코아빌딩을 중심으로-)

  • 이학영
    • Journal of the Korean Professional Engineers Association
    • /
    • v.19 no.2
    • /
    • pp.34-42
    • /
    • 1986
  • These brief studies and reports of the use of exposed aggrigate precast concrete in practice are combined with a description of some notable co-ordination such as shop drawing, manufacturing and erection in the field construction. Above mentioned exposed aggrigate P. C. means architectural P. C. which was used to the VOTRAKON site in Riyadh, Saudi Arabia. Fabricated P. C. on the site without autoclaving and steam curing plant had been successfully carried out on this project-core building, conference room and others. The project designed by HOPE/VTN international INC. which is located in San Diego, California U.S.A. stands for vocational training and related support facilities contract. We had to submit shop drawings showing complete information for fabrication and installation of P. C. unit reinforcement. Also we should be indicated member dimension and cross section, location size and type of necessary for erection. We can delineate the following characteristic results. One of the most important things how to handle exposed aggrigate P.C. unit as specified was quality assurance and co-ordination for shop drawing, manufacturing and erection.

  • PDF

Incoterms 2010 and CISG (Incoterms 2010과 CISG)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.49
    • /
    • pp.43-59
    • /
    • 2011
  • Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

  • PDF

Problems and Revision of D-terms in Incoterms 2000 (Incoterms 2000 D-terms의 문제점(問題點)과 개정방안(改正方案))

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.15
    • /
    • pp.33-57
    • /
    • 2001
  • Although the parties did not expressly incorporate Incoterms into their contracts, Incoterms which have reflected a generally authorized principles and custom might be a part of sale contract. As indication of Introduction in Incoterms 2000, although the D-terms are different in nature from the C-terms, since the seller according to the D-terms is responsible for the arrival of the goods at the agreed place or point of destination at the border or within the country of import. Therefore, according to importance of Incoterms, although Incoterms 2000 have been revised in line with the most current commercial practice, because mentioned problems in this paper can be raised, they must be revised through Introduction, Rules or Guide Book of Incoterms.

  • PDF

A Study on the UNIDROIT Principles 2010 (UNIDROIT Principles 2010에 관한 소고)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.51
    • /
    • pp.101-131
    • /
    • 2011
  • The Governing Council of UNIDROIT at its 90th session adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts("UNIDROIT Principles 2010"). The UNIDROIT Principles of International Commercial Contracts first published in 1994 and in a second edition in 2004, are taken by legislators worldwide as a model for contract law reform and increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. The UNIDROIT Principles are particularly useful to parties when negotiating and drafting international contracts. The new edition of the Principles, UNIDROIT Principles 2010, prepared by a group of experts from all over the world including representatives of numerous international organizations and arbitration centers. The UNIDROIT Principles 2010 contain new provisions on restitution in case of failed contracts, illegality, conditions, and plurality of obligors and obligees, while with respect to the text of the 2004 edition the only significant changes made relate to the Comments to Article 1.4.

  • PDF

Notice of LQ Piping Design for ICHTHYS (ICHTHYS CPF(Central Processing Facility) LQ Piping Design 특이사항(유의사항))

  • Lee, Jaeyoung;Seong, Hyeontaek
    • Special Issue of the Society of Naval Architects of Korea
    • /
    • 2017.10a
    • /
    • pp.46-53
    • /
    • 2017
  • We work for big offshore project in the Korean shipyards as a EPC contract. There are a lot of risks even though the FEED Engineering was taken in the famous engineering company. In case of ICHTHYS CPF, it worked on the FEED activity for several years. Here is mention that design modification was carried how to modify material and specification according to shipyards human resource and yard practice for your reference. Furthermore, I expect that this paper is used for Korean engineer for their reference.

  • PDF

An Exploratory Empirical Study on the Partnership and Performance of IT-enabled Business Process Outsourcing : A Case of CTI(Computer Telephony Integration) based Customer Service Center Outsourcing (정보기술 기반 비즈니스 프로세스 아웃소싱 파트너십과 성과에 관한 탐색 : CTI(Computer Telephony Integration) 기반 고객서비스센터 아웃소싱 사례를 중심으로)

  • An Joon Mo;Oh Min Suk
    • Journal of Information Technology Applications and Management
    • /
    • v.12 no.1
    • /
    • pp.241-259
    • /
    • 2005
  • This study explores a model of partnership to the success of outsourcing CTI(computer telephony integration) based customer service centers of a telecommunication service company. The motivation of the study is to extend the research on IT outsourcing to IT-enabled BPO of customer service centers as a specific IT outsourcing practice. Previous research on IT outsourcing partnership and success is reviewed for developing an a research model of IT-enabled BPO. This model is proposed based on the previous partnership success models in information systems research. The results of the study confirm major factors related to successful IT-enabled BPO in previous research. Especially, the specificity of a contract and strategic collaboration in partnership are found to be influential on the success of IT-enabled BPO.

  • PDF

Perceived Effects of IS Auditing on Software Development Process (소프트웨어 개발 프로세스 관점에서 본 감리의 인지된 효과성 분석)

  • 정승렬;이재정
    • The Journal of Information Technology and Database
    • /
    • v.8 no.1
    • /
    • pp.67-80
    • /
    • 2001
  • Information Systems (IS) auditing has been know to be helpful in developing optimal IS and managing information resources successfully. The public sector of Korea has witnessed the rapidly growing demand for IS auditing. However, there is a dearth of research that evaluate the effects of IS auditing. This study assesses the impacts of IS auditing based on a process perspective. In order to evaluate the effects objectively and properly, the current study collected empirical data from 58 firms. This stuuy confirmed that IS auditing was a very effective tool for successful IS implementation. The results show that IS auditing improves “project management”, “support”, and “engineering” practices while it does not make any impact on “contract” practice. In general, IS auditing has a tremendous impact on facilitating organization’quality improvement efforts.

  • PDF

Application of Modifiable Bid of BOQ in Garak Market Modernization Project Phase 1 (가락시장현대화사업 1단계 물량내역수정입찰 적용 사례)

  • Cho, Kyung-Je;Kim, Hyung-Jin
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2015.05a
    • /
    • pp.111-112
    • /
    • 2015
  • Garak Market Modernization Project Phase 1, which is the public projects worth 1,75 billion won, was delivered by adopting modifiable bid of BOQ on the lowest price award system. The modifiable bid of BOQ system allows bidders to modify quantities based on their own drawings and construction specifications and requirements. It was initiated by the government for minimizing design error and for inducing technical competition between tenders by checking errors. At that time the bidding, it allowed modifying the BOQ all the works. In the construction phase, the responsibility for the design changes, due to mistakes and omissions on design documents and BOQ were disputed between the owner and the contractors. This study analyzed the problem of the system and addressed a need of improvement.

  • PDF