• Title/Summary/Keyword: Property Right

Search Result 444, Processing Time 0.029 seconds

The Applicability of the CISG on the Property in the Goods Sold (소유권이전(所有權移轉)에 관한 CISG의 적용(適用) 문제(問題))

  • Han, Kyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.20
    • /
    • pp.113-127
    • /
    • 2003
  • In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

  • PDF

The Economic Effects of III-defined Property Rights: The Case of Korean Green Belt (재산권 불명(不明)현상이 자원이용에 미치는 영향에 관한 연구: 그린벨트의 경우)

  • 김성배
    • Journal of the Korean Regional Science Association
    • /
    • v.15 no.3
    • /
    • pp.15-31
    • /
    • 1999
  • This study examines the economic effects of ill-defined property rights on the resource usage with special reference to the Korean Green Belt. Property rights are considered ill-defined, when their whereabouts are not clearly delineated, they are not assigned to those who utilize them most efficiently, and they are not exercised precisely. If properly, and they are not exercised precisely. If properly rights are ill-defined, it is more likely that economic agents pursue opportunistic and illegal behaviors and even their rational behaviors tend to bring about undesirable outcomes, and social conflicts occur around the assignment of the rights. Upon the completion of a case study, we found that the ill-defined property right system of the Korean Green Belt has, in fact, resulted in several problems in resource usatge. Inefficient land use, compromising reassignment of property rights, the prevalence of illegal activities, huge management costs, and the spread of social conflicts are the problems in question. These problems can be resolved by the realignment of property rights, since they are caused by the ill-defined property right system. To resolve such problems, we need to reassign properly rights so that their delineation may be complete and those who value them highest may exercise the rights, and social justice in terms of wealth distribution may be achieved.

  • PDF

CUBIC IDEALS IN SEMIGROUPS

  • Jun, Young Bae;Khan, Asghar
    • Honam Mathematical Journal
    • /
    • v.35 no.4
    • /
    • pp.607-623
    • /
    • 2013
  • Operational properties of cubic sets are first investigated. The notion of cubic subsemigroups and cubic left (resp. right) ideals are introduced, and several properties are investigated. Relations between cubic subsemigroups and cubic left (resp. right) ideals are discussed. Characterizations of cubic left (resp. right) ideals are considered, and how the images or inverse images of cubic subsemigroups and cubic left (resp. right) ideals become cubic subsemigroups and cubic left (resp. right) ideals, respectively, are studied.

Almost derivations on the banach algebra $C^n$[0,1]

  • Jun, Kil-Woung;Park, Dal-Won
    • Bulletin of the Korean Mathematical Society
    • /
    • v.33 no.3
    • /
    • pp.359-366
    • /
    • 1996
  • A linear map T from a Banach algebra A into a Banach algebra B is almost multiplicative if $\left\$\mid$ T(fg) - T(f)T(g) \right\$\mid$ \leq \in\left\$\mid$ f \right\$\mid$\left\$\mid$ g \right\$\mid$(f,g \in A)$ for some small positive $\in$. B.E.Johnson [4,5] studied whether this implies that T is near a multiplicative map in the norm of operators from A into B. K. Jarosz [2,3] raised the conjecture : If T is an almost multiplicative functional on uniform algebra A, there is a linear and multiplicative functional F on A such that $\left\$\mid$ T - F \right\$\mid$ \leq \in', where \in' \to 0$ as $\in \to 0$. B. E. Johnson [4] gave an example of non-uniform commutative Banach algebra which does not have the property described in the above conjecture. He proved also that C(K) algebras and the disc algebra A(D) have this property [5]. We extend this property to a derivation on a Banach algebra.

  • PDF

The Analysis of Intellectual Property Right Status and Brand Origin of Tradition Liquor (전통주류 지식재산권 현황 및 상표 유래 분석)

  • Jun, Young-Mi;Ahn, Yoon-Soo;Kim, Mi-Heui;An, Ok-Sun
    • Journal of Agricultural Extension & Community Development
    • /
    • v.15 no.1
    • /
    • pp.23-47
    • /
    • 2008
  • The purpose of this study was to analyze intellectual property right status and brand origin of traditional liquor. The data were derived from the brand of 385 traditional liquor species in Korea. The major results of this study were as follows: 1) The management types of traditional liquor were classified into three categories, namely; individual 27(0.74)%, stock company 304(78%) and corporation or union 38(9.8%). 2) Among 385 traditional liquor species, 102(26%) got the trademark registrations and 129(34%) were in the process of trademark applications, while 154(40%) were unregistered brands. 3) The origin of 187(48.6%) brands used the material names such as fruits, rices, trees, roots and flowers, while 176(45.6%) brand used proper noun such as mountain, distinction, rivers etc.. 4) The designation certification status of traditional skill possessor according to national and local autonomous entity were; intangible cultural assets 42 people, master craftsman 28 persons, and provincial intellectual property 16 persons.

  • PDF

Technology Transfer and the Technomart Related Laws (데크노마트와 지원법 제도)

  • 이영덕;강병수
    • Journal of Korea Technology Innovation Society
    • /
    • v.2 no.2
    • /
    • pp.233-248
    • /
    • 1999
  • For the last several decades, it has been recognized that technology is a key factor in becoming an ADC and an advanced firm. So many countries and individual firms have been increasing investments on technology development. Especially LDCs including Korea choose technology transfer and transaction as an important alternative of their own technology development. To activate technology transaction and transfer, it is necessary to establish an technology transaction system, namely a Technomart that will make good connections between technology suppliers and technology buyers, and efficient functional linkages of supporting infrastructures including organizations and laws related with technology transactions. Therefore this study reviewed both the characteristics of technology transfer and transaction and a conceptual structure of a Technomart through a literature review. And then, the study analyzed the Technomart related laws including an intellectual property right, a copyright, a patent right, and electric transaction related laws. In conclusion the study proposed the development directions of the Technomart related laws.

  • PDF

Comparative research on calculation methods (point standpoint and area standpoint) of sunshine duration for building (건물 일조시간 계산방법(점,면)에 관한 비교연구)

  • Lee, Duck-Hyung;Choi, Chang-Ho;Lee, Hyun-Woo
    • Journal of the Korean Solar Energy Society
    • /
    • v.24 no.3
    • /
    • pp.9-17
    • /
    • 2004
  • Nowadays, a concern of building environment has been arousing. Furthermore, according to this trend, the social concern has expended continuously. Especially, the right of daylight is essential for both the pleasant life and building maintenance. In this reason, it has dealt as like property right. Therefore, the Infringement on the right of daylight can be applicable to the infringement of property right. However, few un-notarized calculation methods have been used without careful examination about daylight duration calculation methods which can be used for determine sunshine infringement as the dispute solution, therefore. In this thesis We analyzed and concluded the differentiations of two calculation methods which are using nowadays.

R-HOMOMORPHISMS AND R-HOMOGENEODS MAPS

  • Cho, Yong-Uk
    • Journal of the Korean Mathematical Society
    • /
    • v.42 no.6
    • /
    • pp.1153-1167
    • /
    • 2005
  • In this paper, all rings and all near-rings R are associative, all modules are right R-modules. For a near-ring R, we consider representations of R as R-groups. We start with a study of AGR rings and their properties. Next, for any right R-module M, we define a new concept GM module and investigate the commutative property of faithful GM modules and some characterizations of GM modules. Similarly, for any near-ring R, we introduce an R-group with MR-property and some properties of MR groups.

Structures Related to Right Duo Factor Rings

  • Chen, Hongying;Lee, Yang;Piao, Zhelin
    • Kyungpook Mathematical Journal
    • /
    • v.61 no.1
    • /
    • pp.11-21
    • /
    • 2021
  • We study the structure of rings whose factor rings modulo nonzero proper ideals are right duo; such rings are called right FD. We first see that this new ring property is not left-right symmetric. We prove for a non-prime right FD ring R that R is a subdirect product of subdirectly irreducible right FD rings; and that R/N∗(R) is a subdirect product of right duo domains, and R/J(R) is a subdirect product of division rings, where N∗(R) (J(R)) is the prime (Jacobson) radical of R. We study the relation among right FD rings, division rings, commutative rings, right duo rings and simple rings, in relation to matrix rings, polynomial rings and direct products. We prove that if a ring R is right FD and 0 ≠ e2 = e ∈ R then eRe is also right FD, examining that the class of right FD rings is not closed under subrings.

STRUCTURE OF IDEMPOTENTS IN RINGS WITHOUT IDENTITY

  • Kim, Nam Kyun;Lee, Yang;Seo, Yeonsook
    • Journal of the Korean Mathematical Society
    • /
    • v.51 no.4
    • /
    • pp.751-771
    • /
    • 2014
  • We study the structure of idempotents in polynomial rings, power series rings, concentrating in the case of rings without identity. In the procedure we introduce right Insertion-of-Idempotents-Property (simply, right IIP) and right Idempotent-Reversible (simply, right IR) as generalizations of Abelian rings. It is proved that these two ring properties pass to power series rings and polynomial rings. It is also shown that ${\pi}$-regular rings are strongly ${\pi}$-regular when they are right IIP or right IR. Next the noncommutative right IR rings, right IIP rings, and Abelian rings of minimal order are completely determined up to isomorphism. These results lead to methods to construct such kinds of noncommutative rings appropriate for the situations occurred naturally in studying standard ring theoretic properties.