• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

• Proceedings of the Korean Reliability Society Conference
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• 2004.04a
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• pp.41-51
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• 2004

Contractual agreement. Established on sale of product. Establishes. Buyer responsibility. Limitations. Seller liability.(omitted)

• International Commerce and Information Review
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• v.14 no.3
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• pp.481-511
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• 2012

Incoterms 2010 Rules consist of 11 rules. The 11 rules are presented in "rules for any mode or modes of transport" and "rules for sea and inland waterway transport". The each rule of Incoterms 2010 rules has the guidance note, 10 articles(A1~A10) in relation to the seller's obligations and 10 articles(B1~B10) in relation to the buyer's obligations. The A6 and B6 of Incoterms 2010 rules, likewise previous Incoterms rules, have the article of allocations of costs. These articles of Incoterms 2010 rules provide the allocation of costs between the seller and the buyer. According to These A6 and B6, in principle, the seller must pay all costs relating to the goods until they have been delivered in accordance with A4, and the buyer must pay all costs relating to the goods from the time they have been delivered as envisaged in A4. The purpose of this paper is, therefore, to analyze the clauses of allocation of costs in Incoterms 2010 and to provide the problems of the clauses.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.8 no.8
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• pp.1760-1768
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• 2004

A P2P is a method that can share and exchange on digital resources through a direct connection on personnel without a central server. In this paper, we apply a P2P technology to a traditional electronic commerce method so that a seller and a customer can perform a commercial transaction through a direct communication. As such a result, we propose a new e-Commerce model on P2P environment to assure fairness in commercial transactions. To achieve our goal, we put an escrow server which is responsible for guarantee fair contents delivery and payment for the contents between a seller and a customer. When a customer buys content, he first obtains reputation values implicating reliability for the content and refers to these values to determine purchase. The proposed scheme, we can improve the reliability for the purchasing content and provide the fairness to both a seller and a customer simultaneously.

• Journal of the Korean Operations Research and Management Science Society
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• v.22 no.3
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• pp.209-222
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• 1997

In this paper, we study a bargaining order problem where one buyer sequentially bargains with two sellers whose reservation prices are unknown to the buyer but correlated. Our main question is who the buyer should bargain first with to maximize his expected payoff. This type of problem is widely applicable to business and political situations where one party negotiates with multiple parties sequentially. One of the most important element in a sequential bargaining is "linkage effect" which exists when the aggreement of the previous bargaining affects the outcome of the following bargaining. To examine "linkage effect", we assume that the sellers'objects are similar so that the sellers' reservation prices are correlated. In addition, to consider incomplete information aspect regarding reservation prices, it is assumed that the sellers' reservation prices are unknown to the buyer. That is, we deal with one sided incomplete information case. In our model, there are two stages in each of which the buyer meets one seller. Since we are concerned with the bargaining order, we consider two different bargaining orders. Using game theory, we find a perfect Bayesian equilibrium and compute the buyer's expected payoff for each bargaining order. Finally we identify the advantageous bargaining order for the buyer by comparing the expected payoffs obtained under two different bargaining orders. Our results are as follows: the advantageous bargaining order depends on the prior probability of the seller type. However, in general, the buyer should bargain first with the seller whose object is less valuable to the buyer. The basic reason for our result is that the buyer wants to experiment in the first stage to find out the sellers' reservation prices and in doing so, to minimize the experimental cost and maximize potential gain in case of negotiation failure in the first stage. in the first stage.

• Journal of KIISE:Computer Systems and Theory
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• v.34 no.7
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• pp.288-295
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• 2007

The illegal copying and redistribution of digitally-stored information is a crucial problem to distributors who electronically sell digital data. fingerprinting scheme is a technique which supports copyright protection to track redistributors of electronic information using cryptographic techniques. Anonymous asymmetric fingerprinting scheme prevents the merchant from framing a buyer by making the fingerprinted version known to the buyer only. And this scheme allows the buyer to purchase goods without revealing her identity to the seller. In this paper, a new anonymous asymmetric fingerprinting scheme with TTP is introduced. The buyer's fingerprint is generated by the Fingerprint Certificate Authority which is a TTP. When the seller embeds the fingerprint in the digital data, the protocol uses the homomorphic encryption scheme. Thus the seller cannot know the buyer's fingerprint and the buyer's anonymity is guaranteed by using anonymous key pair.

• Journal of Distribution Research
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• v.9 no.3
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• pp.21-47
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• 2004

This study has investigated the effects of relieving and promoting factors on dissolution intention under the condition of low commitment buyer-seller relationships. Based on intensive literature reviews, eight alleviating factors (dependence, cooperation, communication, relational norms, transaction specific investments, relationship termination costs, satisfaction, and trust) and five promoting factors (opportunism, conflict, goal incongruity, attractiveness of alternatives, and unfairness) were included. A total of thirteen hypotheses were testee using data collected from a dining franchising system. Among 300 collected, 79 cases of low commitment buyer-seller relationships were analyzed. The results showed that eight out of thirteen hypotheses were supported. But five hypotheses related to the variables of cooperation, transaction specific investments, relationship termination costs, attractiveness of alternatives, and opportunism were not supported. following a detailed presentation of the analysis results, the paper concludes by discussing the academic and managerial implications of the findings.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• The Journal of the Korea Contents Association
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• v.13 no.9
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• pp.369-381
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• 2013

The purpose of the study was to divide social commerce websites' information into components of product, price, service, and seller information, and to systematically analyze each component of information. A content analysis was used as a research methodology, and 100 webpages from social commerce websites were analyzed. As results, the social commerce websites provided basic information (front view, fabric contents, country of origin, care, color, size) for product information and emphasized price information, including discount rates, sales dues, product quantity, and the amount of products sold. They basically provided expected delivery date, delivery company, Q&A, and return/refund service for service information. In addition, they basically presented brand logo and brand name but need to add information about brand concepts, history and volume as seller information. This study suggested diverse theoretical and practical implications of social commerce information.