• 제목/요약/키워드: Taking delivery of the Goods

검색결과 14건 처리시간 0.019초

로테르담 규칙에서 FOB 계약의 매도인의 법적지위 문제 (Problems on the FOB Seller's Legal Status under the Rotterdam Rules)

  • 최명국
    • 무역상무연구
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    • 제65권
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    • pp.51-70
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    • 2015
  • The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

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국제물품매매에서 매도인의 손해경감의무에 관한 고찰 (A study on the Seller's duty to mitigate Buyer's Damages in Int'l Sale of Goods)

  • 하강헌
    • 무역상무연구
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    • 제62권
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    • pp.3-32
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    • 2014
  • Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

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유통경로 내 조직간 영역초월행동에 관한 연구 (A Study on Interorganizational Boundary Spanning Behaviors between Buyers and Sellers)

  • 김상덕
    • 한국유통학회:학술대회논문집
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    • 한국유통학회 2007년도 하계통합학술대회 발표논문집
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    • pp.3-26
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    • 2007
  • 최근 영역초월행동에 관한 관심이 늘어나고 있다. 여기서 영역초월행동은 종업원들이 사전에 정해진 역할을 넘어서 추가적으로 수행하는 행동을 의미하는데, 영역초월행동은 고객의 만족과 서비스 품질지각, 그리고 호의적인 구전활동을 강화하는데 중요한 역할을 한다. 그러나 영역초월행동이 중요한 역할을 할 것으로 기대할 수 있는 기업 간 거래관계, 특히 유통경로 구성원간 관계에서 영역초월행동에 관한 연구는 국내는 물론 해외에서도 매우 부족한 실정이라 할 수 있다. 이에 본 연구에서는 기존에 서비스 분야에서 주로 다루어졌던 영역초월행동을 유통경로 조직간 관계에서 다루었다. 특히, 본 연구는 다양한 유통경로의 조직패턴, 즉, 기업형, 계약형, 그리고 전통형 유통경로별로 영역초월행동이 어떻게 다르게 나타나는 지도 탐험적으로 살펴보았다. 자동차 대리점 200점, 외식 프랜차이즈 가맹점 120점, 산업자재 소매점 104점, 총 420개의 소매점을 대상으로 실시한 설문조사 결과 판매자의 의사소통의 질, 공정성, 마케팅 프로그램의 일관성이 구매자의 관계만족과 조직결속을 통해 영역초월행동을 강화하는 것으로 나타났다. 한편, 영역초월행동은 수직적 통합수준이 높은 계약형과 기업형 경로구조에서 더 활발하게 나타났다.

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자녀를 둔 어머니의 출산과정 경험 (An Ethnographic Research Study on Childbearing Process of Mother with Children in Korea)

  • 김영희
    • 여성건강간호학회지
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    • 제7권3호
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    • pp.271-283
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    • 2001
  • The childbearing process is a sociocultural phenomenon of a woman who gives birth to a child as well as a biological phenomenon. The purpose of this ethnographic research study was to explore the experience of childbearing process of mothers with children from pregnancy to the 3 months postpartum in Korea and to understand deeply the perspectives of childbearing women reflected on Korean sociocultural values. A convenient sample of 10 childbearing women were observed from January to October 2000 through field work in Seoul, Korea. Data analysis was accomplished under ongoing process. The results of this study were as follows : The mothers with children experienced self-reflection, family relation, and physical adaptation during pregnancy. In self-reflection, all mothers experienced universality and diversity in their self-discovering process. The universal experiences were maturation, life with family and priority on maternal value between being a mother and a woman. The diverse experiences were taking a dual role of working mother, emotional drift of a resigned mother, and disheartened life of a mother who has two daughters. In family relation, the foundation of the new marital relationship were attained during childbearing process and sexual life were changed for the benefit of a healthy mother and a healthy baby. All mothers established friendly relations with their mothers, but established friendly or conflicting or constraining relations with their mother-in-laws due to husband based family culture. In physical adaptation, the informants endured well the physical discomfort and recognized general appearance change. Also maternal-fetal interaction occurred and mothers realistically felt motherhood and accepted themselves as mother-to-be. The mothers prepared for the best delivery, look for a safe childbirth center, newborn goods, endorsed family coping during hospitalization and responded labor pain to make it more endurable, less painful, fast passed owing to labor recognition of the natural process to be a mother. After childbirth, they felt emancipation, satisfaction, accomplishment, more easiness, actually feeling as mother-to-be, emptiness, and showed response to the sex of newborn. Their Sanhujori practice was different according to the Sanhujori environment including provider, place, time in postpartum and reflected on Sanhubyung. The mothers felt actually mother-to-be and happiness during lactation regardless of feeding pattern. These mothers had a different maternal image about rearing subjecthood through their child-rearing experience. But all mothers felt need for family support and social support. The universal rearing response were actual feeling of mother-to-be, a strenuous experience, a pride on child-rearing, confusion, reflecting marital relationship, and wondering rivalry among children. In conclusion, mother of all with children went through self-discovery, self-reflection and made connections with the family as a mother and as a woman simultaneously during the childbearing process. Therefore it is suggested when harmony and balance between a mother and a woman is accomplished, the woman will lead a healthy and high quality of life. Also, this study sought to confirm the sociocultural factors affecting the childbearing process from the perspectives of the women with children. Therefore health care providers must understand deeply the childbearing women with children based on this finding of and try a integrative approach with new ideology of maternity with biocultural perspectives in a clinical setting.

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