• Title/Summary/Keyword: Adaptation Law

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Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

A Study on the Renegotiation and Adaptation of International Long Term Commercial Contracts: Focusing on the Contracts without the Renegotiating Clauses (국제장기상거래계약에서의 재협상 및 계약변경에 관한 연구: 원계약 상 관련 조항이 포함되지 않은 계약을 중심으로)

  • Joo‐Young Yoon
    • Korea Trade Review
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    • v.45 no.5
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    • pp.117-139
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    • 2020
  • In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

A Stable Model Reference Adaptive Control with a Generalized Adaptive Law (일반화된 적응법칙을 사용한 안정한 기준모델 적응제어)

  • 이호진;최계근
    • Journal of the Korean Institute of Telematics and Electronics
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    • v.26 no.8
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    • pp.1167-1177
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    • 1989
  • In this paper, a generalized adaptive law is proposed which uses a rational function type operator for parameter adjustment. To satisfy the passivity condition of the adaptation block, we introduce a constant feedback gain into the adaptation block. This adaptation scheme is applied to the model reference adaptive control of a continuous-time, linear time-invariant, minimum-phase system whose relative degree is 1. We prove the asymptotic stability of the output error of this adaptive system by hyperstability method. It is shown that by digital computer simulations this law can give a better output error transient response in some cases than the conventional gradient adaptive law. And the output error responses for the several types of the proposed adaptation law are examined in the presence of a kind of unmodeled dynamics.

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Adaptation Process of Mothers-in-law of Vietnamese Women Married to Korean Men (베트남 출신 며느리를 맞은 농촌 지역 시어머니의 적응과정)

  • An, Hyo Ja;Cho Chung, Hyang-In
    • Journal of Korean Academy of Nursing Administration
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    • v.20 no.1
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    • pp.22-34
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    • 2014
  • Purpose: This study was conducted to generate a grounded substantive theory of the adaptation process of mothers-in-law of Vietnamese women married to Korean husbands. Methods: Thirteen women who had Vietnamese daughters-in-law were interviewed. Data were transcribed verbatim and analyzed using a grounded theory method. Results: Eight categories with 19 sub-categories were extracted from 268 concepts. The identified phenomenon was 'overcoming differences' and the core category was 'trying one's best to live together with daughter-in-law'. The 9 categories were grouped into 3 stages for the adaptation process: encountering, struggling, and living together. Conclusion: The results indicate that when individuals from different cultural and personal backgrounds have to live together there is a continuing negotiation process towards meeting each other's needs. Health professionals can assist this adaptation process by providing these women with insights into various ways of meeting each other's need while they are struggling.

Conflict with Mothers-in-law Self-efficacy Blame and Adaptation (고부갈등에 있어서 자기통제력 탓 및 적응과의 관계)

  • 서병숙
    • Journal of Families and Better Life
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    • v.11 no.1
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    • pp.119-133
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    • 1993
  • Based on the Double ABCX model of family stress and adaptation this study was to investi-gate the intercorrelations among and the relative magnitutide of variables associated with diffe-rent levels of adaptation to conflict with mothers-in-law reported by daughter-in-law. Frequency of conflict was selected as a stressor(aA) Resource factor(bB) in this study was self-efficacy. Four types of blame(self-behavior self-character other people and impersonal world blame) were selected as perception factors(cC). The adaptation factors(xX) were the level of daughter-in-law's psychological well-being and marital adjustment. Data for this research were questionnaire responses from 151 daughters-in-law who lived in Seoul. The results of correlational analyses indicated that most variables were significantly correlated with each other. In addition results of the path analysis on daughter-in-law's psychological well-being indicated that higher scores on the psychological well-being were significantly associa-ted with(a) greater self-behavior blame for the conflict and (b) less ascription of blame to the impersonal world. Frequency of conflict influenced psychological well-being indirectly th-rough self-behavior blame and impersonal blame both of which were also found to mediate the effect of self-efficacy on the level of psychological well-being. However although all indepen-dent variables were significantly correlated with marital adjustment no variables had direct effects on marital adjustment.

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A Study on the Adaptation of Regulation in the Leasure Safety Law (수상레저안전법상의 규제순응도에 관한 조사 연구)

  • 문범식;국승기;나호수;하해동
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.8 no.2
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    • pp.1-8
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    • 2002
  • Government is willing to abolish half of whole administration regulations and put emphasis to improve them. There was criticism that taper by bureaucracies' form and interest group's repulsion does not reach here upon in spite of these result. Therefore, need to ready diversified regulation adaptation administration countermeasure so that can observe because propel regulation innovation until now continuously and people, corporation, public official understand definitely contents of regulation. Contents of question regulation awareness about regulation adaptation and degree. On the basis of Question investigation about persons concerned of leisure safety law and wish to grasp observance degree, and produce synthetic Contents and field conformity degree, and draw solution plan of reformable item in leisure safety law and present development direction of leisure safety law.

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Corporation's Adaptation to Climate Change Related Natural Disasters : Embedding Resiliency in Supply Chain - A Study on Climate Change Related Natural Disaster Adaptation for Corporations -

  • Pak, Myong Sop;Kim, In Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.64
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    • pp.239-264
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    • 2014
  • Two types of responses to climate change exist. First is climate mitigation which includes efforts of reducing CO2 and GHG emissions. Second response is climate adaptation process which is establishing climate resilience in the supply chain. The two are inherently different since mitigation strategy focus on eliminating the source of climate change and is long term in nature but adaptation strategy is moderating the impact of potential or current climate change. In order to embed climate resilience in the supply chain, mitigation strategies and adaption strategies must be implemented simultaneously. Corporation's adaptation to climate change related natural disaster can be seen as a response that includes mitigation and adaptation strategies simultaneously. A comprehensive climate change resilience supply chain approach has to be developed. This paper illustrated guidelines and adaptation process framework businesses can utilize in order to build climate resilience. Screening process before the actual assessment of risk was introduced as well as the whole adaptation process of establishing information system and strengthening climate-related operational flexibility.

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The Rules of law for the Hardship in the UNIDROIT Principles of International Commercial Contracts (국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리)

  • Hong, Sung Kyu;Kim, Yong Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.3-34
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    • 2013
  • In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

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Robust Backstepping Design of Nonlinear Systems Using Adaptation Strategy for Uncertaninties (불확실성 적응기법을 이용한 비선형 시스템의 강인 백스테핑 설계)

  • Kim, Dong-Heon;Kim, Eung-Seok;Yang, Hae-Won
    • Journal of Institute of Control, Robotics and Systems
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    • v.7 no.7
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    • pp.605-613
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    • 2001
  • In this paper, we design a robust adaptive controller for a nonlinear system with uncertainties to be rejected via disturbance adaptation law. The nonlinear system considered has unknown nonlinear functions being influenced by external disturbance. The upper bound of unknown nonlinear functions at each time is estimated by using a disturbance adaptation law. The estimated nonlinear functions are used to design a stabilizing function a control input. Tuning function is used to estimates unknown system parameter without overparametrization. A set-point regulation error converges to a residual set close to zero asymptotically. The effectiveness of the proposed controller is investigated by computer simulation.

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