• 무역상무연구
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• 제38권
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• pp.47-68
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• 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.

• 항공우주정책ㆍ법학회지
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• 제25권2호
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• pp.231-247
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• 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.

• 수산경영론집
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• 제43권1호
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• pp.63-74
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• 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.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 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.

• 항공우주정책ㆍ법학회지
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• 제6권
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• pp.97-107
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• 1994

• 항공우주정책ㆍ법학회지
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• 제11권
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• pp.209-230
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• 1999

• 항공우주정책ㆍ법학회지
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• 제17권
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• pp.153-161
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• 2003

• 법제연구
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• 제41호
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• pp.229-260
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• 2011

유럽연합에서 회사법 통일의 노력은 리스본조약 이전부터 회사법과 관련한 규칙과 지침을 설정했다는 점에서 중요한 의미를 지닌다. 유럽연합 회사법의 법규범은 자체의 규칙을 통해 유럽주식회사라는 개념을 설정하였으며, 공개유한책임회사인 유럽주식회사와 더불어, 2008년 이후에는 중소기업을 위한 폐쇄유한책임회사에 대한 입법도 추진하고 있다. 최근 유럽주식회사법을 근거로 설립된 회사의 수가 증가되면서 발전된 형태의 회사법에 대한 논의가 활발히 진행되고 있으며, 이는 우리나라 회사법 분야에서도 흥미로운 주제가 된다. 기존의 유럽회사법에 관한 국내연구는 전반적인 유럽회사규칙 및 지침에 대한 내용을 소개하고 있으나, 근래에 이루어지고 있는 회원국 법률간 하향경쟁과 이를 통한 회원국의 입법에서의 변화, 그리고 유럽에서의 회사법연구에 대한 최근 논의에 대해서 다시 다루어 볼 필요가 있다. 따라서 이글에서는 유럽연합조약을 통한 설립의 자유와 이를 통한 각 회원국의 법률 간 경쟁과 유럽주식회사규칙의 제정 배경에 대해서 살펴보고 현재 유럽주식회사규칙의 내용을 평가한다.

• 한국통신학회논문지
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• 제18권2호
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• pp.202-206
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• 1993

ISDN에서의 64 kbps 완전채널 확보를 위해 북미식에 의한 국내 디지털 전송방식을 유럽식으로 전환키로 하였으나 두방식의 서로다른 압신특성 때문에 기존의 시분할 디지틀 교환기, 예를들어 TDX-1 교환기를 ISDN에 편입시키기 위한 연구과정에서 문제점이 도출되었다. TDX-1은 북미식 ${\mu}$ law 압신방식을 갖는 이미 상용화된 교환기로서 현재 ISDN 기능을 부가시키기 위한 연구가 마무리 단계에 있다. 이러한 TDX-1과 A law 압신방식을 갖는 새로운 유럽 시스팀간에 ${\mu}/A$ 변환기능이 존재함으로 인하여 ISDN B 채널의 투명성을 유지하기가 어렵게 되었다. 이 문제의 해결을 위해 유럽 전송포맷을 채택하되 ${\mu}$ law로 압신방식을 통일할 것을 제안하였다. 본 논문은 이러한 문제점과 해결방안을 제시하고 있다.

• 한국조리학회지
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• 제9권3호
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• pp.88-101
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• 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.