• Steel and Composite Structures
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• v.35 no.3
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• pp.449-462
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• 2020

This work aims to study effects of the crack and the surface energy on the free longitudinal vibration of axially functionally graded nanorods. The surface energy parameters considered are the surface stress, the surface density, and the surface Lamé constants. The cracked nanorod is modelled by dividing it into two parts connected by a linear spring in which its stiffness is related to the crack severity. The surface and bulk material properties are considered to vary in the length direction according to the power law distribution. Hamilton's principle is implemented to derive the governing equation of motion and boundary conditions. Considering the surface stress causes that the derived governing equation of motion becomes non-homogeneous while this was not the case in works that only the surface density and the surface Lamé constants were considered. To extract the frequencies of nanorod, firstly the non-homogeneous governing equation is converted to a homogeneous one using an appropriate change of variable, and then for clamped-clamped and clamped-free boundary conditions the governing equation is solved using the harmonic differential quadrature method. Since the present work considers effects of all the surface energy parameters, it can be claimed that this is a comprehensive work in this regard.

• Computers and Concrete
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• v.11 no.3
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• pp.201-222
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• 2013

A comprehensive simulation model for the transport process of fully coupled moisture and multi-species in non-saturated concrete structures is proposed. The governing equations of moisture and ion diffusion are formulated based on Fick's law and the Nernst-Planck equation, respectively. The governing equations are modified by explicitly including the coupling terms corresponding to the coupled mechanisms. The ionic interaction-induced electrostatic potential is described by electroneutrality condition. The model takes into account the two-way coupled effect of moisture diffusion and ion transport in concrete. The coupling parameters are evaluated based on the available experimental data and incorporated in the governing equations. Differing from previous researches, the material parameters related to moisture diffusion and ion transport in concrete are considered not to be constant numbers and characterized by the material models that account for the concrete mix design parameters and age of concrete. Then, the material models are included in the numerical analysis and the governing equations are solved by using finite element method. The numerical results obtained from the present model agree very well with available test data. Thus, the model can predict satisfactorily the ingress of deicing salts into non-saturated concrete.

• Honam Mathematical Journal
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• v.36 no.1
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• pp.11-27
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• 2014

In this paper, we propose closures for multi-phase flow models, which satisfy boundary conditions and conservation constraints. The models governing the evolution of the fluid mixing are derived by applying an ensemble averaging procedure to the microphysical equations characterized by distinct phases. We consider compressible multi species multi-phase flow with surface tension and transport.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.88-89
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• 2005

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• Korea Trade Review
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• v.45 no.3
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• pp.133-146
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• 2020

In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• Advances in aircraft and spacecraft science
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• v.10 no.3
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• pp.281-302
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• 2023

In this paper, bending analysis of exponentially varying functionally graded (FG) plate is presented using trigonometric shear deformation theory (TSDT) considering both transverse shear and normal deformation effects. The in-plane displacement field consists of sinusoidal functions in thickness direction to include transverse shear strains and transverse displacement include the effect of transverse normal strain using the cosine function in thickness coordinate. The governing equations and boundary conditions of the theory are derived using the virtual work principle. System of governing equations, for simply supported conditions, Navier's solution technique is used to obtain results. Plate material properties vary across thickness direction according to exponential distribution law. In the current theory, transverse shear stresses are distributed accurately through the plate thickness, hence obviates the need for a shear correction factor. TSDT results are compared with those from other theories to ensure the accuracy and effectiveness of the present theory. The current theory is in excellent agreement with the semi-analytical theory.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.