• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.38
• /
• pp.47-68
• /
• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.2
• /
• pp.231-247
• /
• 2010

This paper starts with a brief overview of the history of the European Space Agency and recalls some of its main features. Next, the gradual process of cooperation between ESA and the EU is outlined, leading to the creation of the Framework Agreement in 2004 and the adoption of the European Space Policy in 2007. The entry into force of the Lisbon Treaty in 2009 codified the space competence of the EU, and its implications are addressed. Lastly, some attention is paid to the issue of space security in Europe, through ESA's new SSA programme adopted in 2008, and to the relevance of the EU Council initiative for a Code of Conduct for Outer Space Activities in 2008. The paper ends with some conclusions.

• The Journal of Fisheries Business Administration
• /
• v.43 no.1
• /
• pp.63-74
• /
• 2012

The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.67
• /
• pp.23-47
• /
• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• The Korean Journal of Air & Space Law and Policy
• /
• v.6
• /
• pp.97-107
• /
• 1994

• The Korean Journal of Air & Space Law and Policy
• /
• v.11
• /
• pp.209-230
• /
• 1999

• The Korean Journal of Air & Space Law and Policy
• /
• v.17
• /
• pp.153-161
• /
• 2003

• Journal of Legislation Research
• /
• no.41
• /
• pp.229-260
• /
• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• The Journal of Korean Institute of Communications and Information Sciences
• /
• v.18 no.2
• /
• pp.202-206
• /
• 1993

To secure the 64 kbps clear channel capability in the ISDN, it was decided to convert its North American digital transmission system into the European system especially in DS1 level. But their different companding law became an issue in the process of R&D in the existing time division digital switch such as TDX-1 to incorporate it into the ISDN. TDX-1 has been installed with North American ${\mu}$ companding law and its ISDN capability is under development now. Thus, because of the ${\mu}$ law/A law conversion for the interworking of two different transmission system, it is difficult to maintain the ISDN B channel transparency between TDX-1 and new European system with A companding law. Among some solutions for it, European frame format with ${\mu}$ law companding is recommended. Those problems and solutions are presented in this paper.

• Culinary science and hospitality research
• /
• v.9 no.3
• /
• pp.88-101
• /
• 2003

There is difference between European Cuisine and Korean Cuisine in various ways. In order to advance Korean Food into European Market, we should understand well European food-culture and food-custom. There are several process for push into the European Market. First, we inform European like that Korea traditional food (repast tool, the interior of Korean restaurant, traditional music, food-sequence, service method etc.). Second, we can introduce them ' Korean Fusion Food ' and that Korean Cuisine is ' Health foods '. For globalization of Korean Cuisine, we must understand exactly European market situation and know well the field law and tax system for business. Next, we establish the prior plan to supply with Korean food material till faraway region.