• Title/Summary/Keyword: 국제대금지급규칙

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A Study on the Cases of Place of Payment in International Sale of Goods (국제물품매매에서 대금지급장소조항의 적용사례에 관한 고찰)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.105-130
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    • 2010
  • CISG provides the place of payment at the Article 57 which if the buyer is not bound to pay the price at any other particular place, he must pay it to the seller (a) at the seller's p lace of business or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place. When the parties have agreed that payment is to be made against the handing over of the goods or of documents, the place where this is to happen according to the contract or CISG is the place of payment. When the parties have not agreed to this, the place of payment is the seller's place of payment. The buyer does not send the money to seller's office, but pays it to the seller's bank account. Where payment is effected by a L/C, such operations shall be governed by UCP and collection of money governed by URC. The payment at the seller's place of payment affects the rate of interest, currency of money and jurisdiction which is interpreted by Brussel convention and Lugano convention. The principle on which the CISG is based, characterizes the obligation of payment as an obligation to be performed at the creditor's place of business. This principle affects the place of damage claims payable to be at the creditor's that place. Payment at the place of business is required, but not inside the place itself.

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A Study on the Provisions and Some Problems of the International Standby Practices, 1998 (보증신용장에 관한 통일규칙(ISP 98)의 내용과 문제점)

  • Kwon, O
    • The Journal of Information Technology
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    • v.3 no.4
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    • pp.55-72
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    • 2000
  • The International Standby Practices (ISP98) has been carefully crafted for use with standby letters of credit. ISP98 is expected to become widely used for standby letters of credit commencing January 1, 1999. These new practices have been ratified and jointly published by the International Chamber of Commerce- the same organization that Provided us with the Uniform Customs and Practices for Documentary Credits, UCP500. The intention behind drafting ISP98 was to consolidate common and accepted practices applying to Standby Letters of Credit and to set a worldwide standard. ISP98 gives issuing organizations a set of practices that are free from the anomalies that arise when UCP500 is applied to Standby Letters of Credit This paper focuses on ISP98 provisions that may lead to changes in forms of standby letters of credit and reimbursement agreements, that may lead to changes in standby practices, that may alert parties to issues they had not previously focused upon, or that parties may wish to limit or vary, This Paper also focuses on differences between ISP98 and the Uniform Customs and Practice for Documentary Credits, 1993 revision, ICC Publication No. 500(UCP 500).

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Review on the Updated International Standard Banking Practice(ISBP745) (국제표준은행관행(ISBP 745)의 주요개정사항 분석과 시사점)

  • Kim, Dong-Yoon
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.177-197
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    • 2013
  • The updated International Standard Banking Practice(ISBP), International Chamber of Commerce Publication No. 745, was published to bring its contents in line with UCP 600. The ISBP 745 has dealt with A-Q that are commonly arising in the credit transactions and also explains in detail some of the articles of UCP 600 with the proper interpretation. The updated version ISBP 745 involved aligning it with UCP 600, making certain technical adjustments in expression of words such as "in conflict" instead of "inconsistent", etc. Despite the updated ISBP 745, there remains a question. Where the words "from" or "after" are used in regard to something other than a period of shipment or the maturity date of drafts, there is no guidance from the UCP as to its meaning. The party concerned in credit transactions is also required to have a full understanding of ISBP 745 and the articles of UCP 600 in order to acquire the documents preparation and examination facilitating the parties to minimize discrepancies.

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The Role of Bank Payment Obligation under SWIFTNet's Trade Service Utility (SWIFTNet TSU BPO의 역할)

  • Lee, Bong-Soo
    • International Commerce and Information Review
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    • v.17 no.2
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    • pp.3-18
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    • 2015
  • This thesis examines the performance and improvement strategy of SWIFTNet TSU's BPO for computerization and suggests the following results: First, the URBPO should be legally complemented, and the SWIFT and banks need to keep improving the systems to meet trade parties' diverse needs. Second, the SWIFTNet TSU's BPO should have an institutionally unified sharing platform with security, stability and convenience. In other words, it is needed to develop services which meet e-payment paradigm and international and regional environments through continued analysis on market changes and flow. Third, in order for the SWIFTNet TSU BPO to evolve into a perfect global system, there should be an innovative payment solution which can meet all trade parties all over the world. For this, technology standardization for a worldwide e-trade payment system is essential. Lastly, based on the results derived from this study, an analysis framework with which more diverse and practical environmental variables can be analyzed should be developed.

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