• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• Journal of the Institute of Electronics Engineers of Korea SC
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• v.42 no.1
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• pp.23-31
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• 2005

Recently, the multimedia and high speed telecommunication systems needs a high frequency and high stability oscillator. The VCXO(voltage controlled -crystal oscillator) have continually downsized to gratify a thin and small size of the telecommunication systems. In his paper, we have developed the small ceramic PECL(positive emitter-coupled logic) VCXO of the 5×7 mm size for gratifying the requested specifications from user, and then use the multilayer ceramic SMD(surface mounted device) package technology. The ceramic SMD PECL VCXO is operating at the 3.3 Voltage and have the frequency range of 120MHz～180MHz. The Q factor is over 5K and it has the low jitter characteristics of 3.5 ps and low phase noise.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.30 no.2A
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• pp.107-113
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• 2005

In this paper, we have developed the miniature ceramic PECL(positive emitter-coupled logic) VCXO of the $5{\times}7mm$ size for gratifying the requested specifications and the multilayer ceramic SMD(surface mounted device) package technology. The ceramic SMD PECL VCXO designed by the inverted Mesa type HFF is operating at the 3.3 Voltage and have the frequency range of 120MHz-180MHz. The Q factor is over 5K and it has the low jitter characteristics of 3.5 ps and low phase noise.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• Journal of the Institute of Electronics Engineers of Korea SC
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• v.43 no.4 s.310
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• pp.45-52
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• 2006

In his paper, we have developed the SMD(surface mounted device) type PECL(positive emitter-coupled logic) VCXO of the $5{\times}7mm$ size for gratifying the requested specifications and the multilayer ceramic SMD(surface mounted device) package technology. The VCXO wired with the PECL(positive emitter coupled logic) package take place a stray inductance and a parasitic capacitance by the length and the inner pattern of the VCXO and the amplitude attenuation and signal loss due to the reflection of power source and the noise component. We have developed the Zig system to analyze the precise spectrum and evaluate the performance. The basic operating voltage is the 3.3 V and have the frequency range of 120MHz-180MHz. The Q factor is over 5K and it has the low jitter characteristics of 3.5 ps and low phase noise.

• 제어로봇시스템학회:학술대회논문집
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• 2003.10a
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• pp.1885-1890
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• 2003

In this paper, we have developed the voltage controlled crystal oscillator (VCXO) with positive emitter coupled logic(PECL). The VCXO is a crystal oscillator which includes a varactor diode and associated circuitry allowing the frequency to be changed by application of a voltage across that diode. The characteristics of the PECL has the delay time less than 2 ns and the faster logic gate, and the high level output greater than 2.3 V and the low level output smaller than 1.68 V.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• Proceedings of the IEEK Conference
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• 2005.11a
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• pp.61-64
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• 2005

본 연구에서는 $5mm{\times}7mm$ 크기의 적층 세라믹 SMD(surface mounted device)형 PECL VCXO에 테스트지그를 이용하여 스펙트럼을 분석한다. 패키지에 PECL 칩을 장착 후 와이어결선(wire bonding)을 완료한 VCXO는 그 길이 및 패키지 내부의 패턴 등에 의하여 부유인덕턴스(stray inductance) 및 커패시턴스가 발생하고, 칩의 발진부 임피던스에 영향을 준다. 이에 칩이 패키지에 장착된 상태에서 발진부 입력임피던스 영향을 제거하고 안정한 발진기 측정을 통하여 발진기의 정확한 스펙트럼 분석 및 성능을 평가한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.