• The Journal of Information Technology
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• v.7 no.3
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• pp.83-98
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• 2004

What may be a problem, however, is determining the application to electronic methods of the various rules which the courts have developed for dealing with the consequence of different methods of communicating offers and acceptances. However, it was doubtful that in the law electronic documents may make part of the traditional documents based on paper. The purpose of this thesis, thus is to examine the effectiveness of electronic methods as a means of forming contracts and the some legal problems. Accordingly, The thesis is basically divided into two part. Part one considers a contract for trade is made how, when and where through compare with traditional contracts law and electronic methods. Part two considers and explores the efficiency on the formation of electronic contracts for the sale of goods by On-line.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.37-69
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• 2002

This study sumed up general rules for measuring damages based on SGA, UCC, CISG, PICC legislated by on the base of English decision of Hadley v. Baxendale Concluding marks as follows : (1) General rule for measuring damages is a standard rule that is developed to place the aggrieved party in as good a position as if the party in breach performed the contract. (2) Damages may also be accompanied by other remedies (3) Damages has alternative character (4) Damages give the aggrieved party full compensation (5) It is enough for the aggrieved party simply to prove the non-performance for damages (6) Occurence of harm must be reasonably certain and a direct consequence of non-performance (7) while Rule for measuring damages an UCC is concrete CISG is comprehensive. (8) Although rule of UCC and CISG for damages measurement is a similar in many aspect but there are in expression and range of damage between them. (9) the result of this study will give researchers the opportunity to develope in depth and their report of research also contribute chance to perform business their effective oversea's trade

• The Journal of Asian Finance, Economics and Business
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• v.8 no.3
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• pp.487-495
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• 2021

As Islam supports fair trade, the Murabaha is the most popular and most common mode of Islamic financing. It is a contract of sale between the bank and its client for the sale of goods at a price plus an agreed profit margin for the bank. The contract involves the purchase of goods by the bank which then sells them to the client at an agreed mark-up. While their characteristics and values are unique, they are also subject to conventional measurement of efficacies. This study investigates how the primary health predictors of conventional banks under the Basel III regime could provide a positive means to assess the Murabaha funding and subsequently secure long-term profitability. This study constructed a path analysis (from 120 databases) to assess whether Islamic banks' leverage and capital adequacy may alter the Murabaha funding and increase stock equity directly and indirectly. The research findings are mixed where leverage does not alter the Murabaha funding but only affects the profitability; besides, capital adequacy increases the outgoing funding significantly but does not increase stock equity. Murabaha funding is essential to Islamic bank equity. This study implies Murabaha funding are expensed, despite increasing debts in Islamic banks.

• Journal of Korea Port Economic Association
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• v.36 no.1
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• pp.59-76
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• 2020

The purpose of this study is to analyze the factors of the main selection criteria of the contract form used to conclude the sales contracts of used ships and to assist parties in selecting the most suitable contract form for trading situations. The methods of the study are based on identifying the factors from the questionnaires using analytic hierarchy process analysis, following the selection of typical details through interviews with the S&P Broker Group and finding the solutions that match each detail. The analysis shows that ship traders prefer the Norwegian Sales Form (NSF) to NIPPONSALE for various reasons. Considering the sellers' situations, NFS is the more reasonable option for major countries, except Japan. NIPPONSALE is relatively more focused on the advantages of the buyer's conditions, including for Japan. It is important to select the appropriate clauses from these types of contract, according to the trading conditions, including the main and additional terms, in order to create a mutual agreement between the shipper and the consignee that leads to more cooperation and balances the purposes of both parties in adjusting the time for securing and disposing of the vessels.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.31-48
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• 2012

If see CISG's passing of risk and altered regulations first, when sales contract accompanies transport of goods and seller does not have duty to deliver goods at particular place, when deliver to the first carter to send to purchaser according to sales contract risk passes to purchaser, and when there is duty that seller must deliver goods to carter at specification place, when goods are delivered to carter at same place, risk does not pass to purchaser. Second, risk about transporting goods passes to purchaser at signing a contract. But, when there is special assessment, risk passes to purchaser when goods are delivered to carter who publish document that embody contract of carriage. Nevertheless, it is loss if seller did not notify this truth to occasion purchaser who could knew loss or damage of goods or know justly at sales contract conclusion defamation danger seller of be burdensome. Third, seller has responsibility about damage or loss as long as hide in own artificiality or forbearance after risk passes to purchaser. Regulation about risk in Incoterms 2010 was separated into 11 condition, and move time of risk differs in angle condition. It is appeared that the substance handles relatively comprehensively because compare in Incoterms 2010 although it is because it becomes if it examines regulation about deliver and passing of risk of goods setting in CISG relatively concise. Also, segments that can become posibility of analysis controversy exist.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.191-209
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• 2013

The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.85-106
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• 1999

To the extent that CISG and UNIDROIT Principles address the same issues, the rules laid down in the latter are normally taken either literally or at least in substance from the corresponding provisions of the former. Nevertheless, we may find cases where the latter depart from the former. The purpose of this paper is comparison of the two instruments, especially in part of contract formation. The result of this paper shows the fact that in the chapter of UNIDROIT Principles on formation provisions are included on the manner in which requirements that an offer and an acceptance must meet are more comprehensive, and in result a contract may be concluded more easily.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.59-98
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• 2013

Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• Journal of the Korean Society for Library and Information Science
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• v.55 no.3
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• pp.131-154
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• 2021

This study is to in-depth analysis of the copyright issues related to the library's e-book service, which is the cause of the recent conflict between the publishing industry and the library industry. To this end, the purpose and outline of the copyright system were briefly summarized. Then, the jurisprudence of the Copyright Act applied to the borrowing of paper books and e-books was analyzed, and the position of the publisher's association and the library industry were reviewed together. In addition, problems of the current copyright act related to e-book services were diagnosed and directions for improvement were sought. Unlike in the case of paper books, first sale doctrine does not apply to e-book borrowing, so the library cannot acquire the right to service just by purchasing e-books. Based on the contract signed with the distributor in the process of purchasing the e-book, the library acquires the right to service the e-book. However, if the validity period of the exclusive publication right expires, the contract itself becomes invalid, which can cause serious problems in the stability of library services and preservation of resources. In order to solve this problem, it is suggested that the first sale doctrine needs to be extended to digital works.