• 무역상무연구
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• 제42권
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.123-138
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• 2013

The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre ("SIAC") aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. 'Emergency Arbitration' and 'Expedited procedures'. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

• 한국도서관정보학회지
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• 제23권
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• pp.439-469
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• 1995

The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• 항공우주정책ㆍ법학회지
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• 제12권
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• pp.66-77
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• 2000

• 무역상무연구
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• 제71권
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2005년도 추계 학술논문 발표대회
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• pp.133-136
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• 2005

While reconstruction has been criticized since 1990 for its tendency of resource over-usage and negative impact on the surrounding environments, remodeling has begun drawing attention as its new alternative. Through examining the recent legal and systematic conditions such as Construction Law, Common Housing Administration Ordinance, and Housing Law, etc. this research analyzes problems on the current legal systems on remodeling, and it aims to suggest systematic and policy-driven schemes which could revitalize remodeling on its software and hardware sides. Careful consideration in regards to remodeling should be given from the initial design stage and throughout the maintenance stages of construction to achieve lengthy durability of buildings, and realization of long-term maintenance costs should also be pursued during this process. This will set in place the practice of remodeling in longer than 50-years intervals since the construction rather than the current 20 or 30 years.

• 대한수학회보
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• 제38권1호
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• pp.55-63
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• 2001

In this paper, we derive a general strong law of large numbers and a general weak law of large number for normed weighted sums of pairwise negative quadrant dependent random variables with the common distribution function.

• 인삼문화
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• 제5권
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• pp.77-96
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• 2023

우리나라를 인삼 종주국으로 자리매김한 고려인삼의 기원은 산삼이다. 그 산삼의 채삼 관습의 근거를 조선왕조실록, 일제 강점기 법령, 우리나라 산림법령과 민법 등에서 찾고자 하였다. 조선 시대와 일제 강점기 이전에는 심마니 채삼 관습은 입회관행으로 존재하였지만, 1910년 일제는 강점기 동안 우리나라 고유한 입회권 법리를 왜곡하였다. 일제가 왜곡한 입회권 법리는 해방 이후에 계속돼 1960년 민법 시행 때까지 유지되었다. 민법 시행 이후 입회권 법리는 특수지역권으로 바뀌었다. 입회권의 연원은 조선 시대의 시초장으로 난방용 땔감이나 사료용 풀을 채취할 수 있는 시초장은 조선 시대 그 당시 지역주민이 생존할 수 있는 최소한의 생존권이자 권익이었다. 생존권으로서의 입회권이었기 때문에 일제가 이를 폐지하려고 시도하였지만 실패하였다. 그럼에도 일제가 왜곡한 입회권 법리는 산림관련법령 등에서 지금까지도 유지되고 있다. 1945년 광복이 된 지 70년이 지난 이제는 일제의 심마니 채삼 관습에 관한 왜곡된 법리에서 탈피하여야 하고, 채삼 관행의 근거가 입회관행에서 민법상 특수지역권으로 변화된 것을 인정하여야 한다. 이에 심마니 단체는 법인 아닌 사단이고, 심마니의 채삼 관행은 민법상 특수지역권으로 법리 구성할 수 있고, 심마니의 산삼 채삼 행위는 관습법적으로 유효하다고 보아야 한다. 이를 통해 인삼과 관련된 산삼 채취행위에 관한 법적 성질과 그 근거를 명확히 할 수 있고, 심마니 채삼 행위의 민사법적 책임소재도 명확하게 할 수 있을 것이다.

• 한국컴퓨터정보학회논문지
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• 제24권6호
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• pp.125-133
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• 2019

This study aimed to investigate the political system related to the Electronic Government Law by analyzing the process of the common initiative of the law. To achieve the goal, this study applied the method of social analysis and sugessted the proper role of the assembly for realizing the electronic government and its control. The data were gathered from the bill information service of the national assembly. Netminer 4.0 was used for refining and analyzing data. The results are as follows. First, by analyzing three centrality(degree, betweenness, and eigenvector) of assembly member, the network effect of the powered party and reelected members were revealed as strong in the network. Second, through the component analysis, 5 sub-network has shown in total. The sub-networks showed two distinctive difference between two big parties. By the difference, members in two parties showed different characteristics in constituting communities and the effect of the powered party revealed as strong and clear. Based on the result, this study demonstrated the necessity of social solidarity rather than solipsism in committing common initiative. And a chronological research is need to anlayze $18^{th}$ and $19^{th}$ assembly to verify the effect of the powered party in prospect study.