• Title/Summary/Keyword: International Leasing

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(A) Study on Contracting Parties' Obligations in International Leasing Agreements - Focus on Draft Common Frame of Reference(DCFR) - (국제리스계약상 당사자의 의무에 관한 소고 - DCFR(유럽계약법 공통참조기준 초안)을 중심으로 -)

  • Oh, Won Suk;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.111-132
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    • 2014
  • This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

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The Law of Aircraft Leasing in the People's Republic of China : Achievements and Challenges

  • Yu, Dan
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.155-176
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    • 2015
  • Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

On the Tunneling technique in Japan (일본의 Tunnel기술)

  • Huh, Ginn
    • Explosives and Blasting
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    • v.12 no.4
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    • pp.10-21
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    • 1994
  • The Tunneling Technique has been developing highly in Japan. Induced NATM pattern is ap-plied as it-self but is an apportunity to upgrade technologes of Concernning. As a result, Nonnel system as Laser marking system is significant developed result. Japan-Korea Tunnel leasing by international High way project is regarded hope-full for the world peace. It has described Euro-Tunnel too.

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Empty Containers Distribution Problem considering the Container Ship Route (컨테이너선의 경로를 고려한 공 컨테이너의 분배 문제에 대한 연구)

  • Shin, Sang-Hoon;Moon, Il-Kyeong
    • Journal of Korean Institute of Industrial Engineers
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    • v.35 no.1
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    • pp.92-100
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    • 2009
  • Today international trade through maritime transportation is significantly increasing. Due to this increase, shipping companies are faced with problems concerning the repositioning of empty containers from import dominant ports. The liner shipping service network has been provided to transport containers which load customers' freights. Container ships are moved on the liner shipping service network by observing the predetermined route and transportation time. This research deals with the empty containers distribution problem considering the container ship route. A mathematical model based on the mixed integer program has been introduced in this study. The objective is to minimize the total relevant costs of empty containers such as handling, leasing, and inventory holding, etc. Due to the complexity of the problem, a genetic algorithm has been suggested to solve large sized problems within a reasonable time. Numerical experiments have been conducted to show the efficiency of the genetic algorithm.

The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol (케이프타운 협약및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.125-162
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    • 2007
  • The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

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The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol (케이프타운 협약및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.105-135
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    • 2007
  • The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

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The Impact of Property Management Services on Tenants' Satisfaction with Industrial Buildings

  • Seetharaman, Arumugam;Saravanan, A.S.;Patwa, Nitin;Bey, Jiann Ming
    • The Journal of Asian Finance, Economics and Business
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    • v.4 no.3
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    • pp.57-73
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    • 2017
  • In the current competitive marketplace of real estate business, tenant satisfaction measurement is one of the important indicators to monitor competitiveness in industrial property development. It has become an industry standard to measure tenant satisfaction, commonly called customer satisfaction. Customer satisfaction has become the widely used metric to manage customer loyalty (Keiningham, Gupta, Aksoy, & Buoye, 2014). The aim of this research is to determine the impact of property management services on tenants' satisfaction with the three identified variables i.e. facility management, perceived quality and lease management. Structural equation modeling (SEM) is applied to build constructs and test the hypotheses with the collected survey samples. Of the three variables, facility management is the most influential factor that leads to tenant satisfaction with industrial buildings. Next, perceived quality is another important factor that contributes to tenants' pleasure. Compared with these two, lease management fares worse, having the least extensive effect on tenant satisfaction, and could be disregarded. The ultimate impact of tenant satisfaction is about tenant retention and recommendation. The overall findings of this research will potentially help real estate developers to develop a better property management system, leasing program and tenant retention strategy.

Multi-family Residential Construction Management Practice in the U.S.

  • Cho, Namho
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.1254-1254
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    • 2022
  • The Multi-family Residential is one of the most famous building types for a rental property in the US. Often times it includes multiple residential buildings and some amenity facilities, including a clubhouse or leasing office, swimming pool, dog park, and garages. Since the building type is built for rental purposes, the construction planning is phased and it makes the project complicated. Detailed planning and execution are important for successful construction management. This paper provides some management practices that are applied to one of the multi-family residential construction projects in Phoenix, AZ. The Front End Planning (FEP) process performed by both owner and contractor is the first key to a successful construction project. Specifically, the early review of phased turnover strategy, grading, fire/Americans with Disabilities Act (ADA) compliance, and Mechanical/ Electricity/Plumbing/Technology (MEPT) will provide absolute benefit to the project. Second, using a scheduling method to control short-term schedules and long-term can provide the ability to manage the issues with agility. Third, material delivery and procurement dominate the both project schedule and cost. With this COVID-19 circumstance, it is hard to expect the material, equipment, and labor forces to be delivered on time with the contracted price. Managing floats are more than important to managing construction productivity. Risk management should work to share the risks fairly. Lastly, turnover is directly linked with the profit of the project for both owner and contractor. The communication between the owner and contractor to re-schedule the proper turnover schedule is important for the phased construction project.

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International Success the Second Time Around: A Case Study (제이륜국제성공(第二轮国际成功): 일개안례연구(一个案例研究))

  • Colley, Mary Catherine;Gatlin, Brandie
    • Journal of Global Scholars of Marketing Science
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    • v.20 no.2
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    • pp.173-178
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    • 2010
  • A privately held, third generation family owned company, Boom Technologies, Inc. (BTI), a provider of products and services to the electric utility, telecommunications and contractor markets, continues to make progress in exporting. Although export sales only equaled 5% of total revenue in 2008, BTI has an entire export division. Their export division's Managing Director reveals the trial and errors of a privately held company and their quest for success overseas. From its inception, BTI has always believed its greatest asset is its employees. When export sales struggled due to lack of strategy and direction, BTI hired a Managing Director for its export division. With leadership and guidance from BTI's president and from the Managing Director, they utilized the department's skills and knowledge. Structural changes were made to expand their market presence abroad and increase export sales. As a result, export sales increased four-fold, area managers in new countries were added and distribution networks were successfully cultivated. At times, revenue generation was difficult to determine due to the structure of the company. Therefore, in 1996, the export division was restructured as a limited liability company. This allowed the company to improve the tracking of revenue and expenses. Originally, 80% of BTI's export sales came from two countries; therefore, the initial approach to selling overseas was not reaching their anticipated goals of expanding their foreign market presence. However, changes were made and now the company manages the details of selling to over 80 countries. There were three major export expansion challenges noted by the Managing Director: 1. Product and Shipping - The major obstacle for BTI was product assembly. Originally, the majority of the product was assembled in the United States, which increased shipping and packaging costs. With so many parts specified in the order, many times the order would arrive with parts missing. The missing parts could equate to tens of thousands of dollars. Shipping these missing parts separately in another shipment also cost tens of thousands of dollar, plus a delivery delay time of six to eight weeks; all of which came out of the BTI's pockets. 2. Product Adaptation - Safety and product standards varied widely for each of the 80 countries to which BTI exported. Weights, special licenses, product specification requirements, measurement systems, and truck stability can all differ from country to country and can serve as a type of barrier to entry, making it difficult to adapt products accordingly. Technical and safety standards are barriers that serve as a type of protection for the local industry and can stand in the way of successfully pursuing foreign markets. 3. Marketing Challenges - The importance of distribution creates many challenges for BTI as they attempt to determine how each country prefers to operate with regard to their distribution systems. Some countries have competition from a small competitor that only produces one competing product; whereas BTI manufactures over 100 products. Marketing material is another concern for BTI as they attempt to push marketing costs to the distributors. Adapting the marketing material can be costly in terms of translation and cultural differences. In addition, the size of paper in the United States differs from those in some countries, causing many problems when attempting to copy the same layout and With distribution being one of several challenges for BTI, the company claims their distribution network is one of their competitive advantages, as the location and names of their distributors are not revealed. In addition, BTI rotates two offerings yearly: training to their distributors one year and then the next is a distributor's meeting. With a focus on product and shipping, product adaptation, and marketing challenges, the intricacies of selling overseas takes time and patience. Another competitive advantage noted is BTI's cradle to grave strategy, where they follow the product from sale to its final resting place, whether the truck is leased or purchased new or used. They also offer service and maintenance plans with a detailed cost analysis provided to the company prior to purchasing or leasing the product. Expanding abroad will always create challenges for a company. As the Managing Director stated, "If you don't have patience (in the export business), you better do something else." Knowing how to adapt quickly provides BTI with the skills necessary to adjust to the changing needs of each country and its own unique challenges, allowing them to remain competitive.