• Title/Summary/Keyword: On-line contracts

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The efficiency on the formation of electronic contracts for the sale of goods by on-line (온라인방식에 의한 전자무역계약성립의 유효성)

  • Han, Sang-Hyun
    • 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.

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A Study on the Scope of Application of Preliminary Draft Convention on International Contract Concluded or Evidenced by Data Message (국제전자계약준비초안(國際電子契約準備草案)의 적용범위에 관한 비교 연구)

  • Oh, Won-Suk
    • International Commerce and Information Review
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    • v.4 no.2
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    • pp.1-12
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    • 2002
  • The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.

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A Study on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC (정보화시대의 국제물품매매계약의 성립요건 - Revised UCC Draft 1996을 중심으로-)

  • 한상현
    • The Journal of Information Technology
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    • v.1 no.2
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    • pp.103-118
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    • 1998
  • The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.

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A study on the Scope of UCITA (미국(美國) 통일(統一)컴퓨터정보거래법(情報去來法)(UCITA)의 적용범위(適用範圍)에 관한 소고(小考))

  • Han, Byoung-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.169-190
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    • 2003
  • Uniform Computer Information Transactions Act (UCITA) for e-commerce in non-UCC and non-UETA transactions, promulgated in 1999. The Act Drafted by the National Conference of Commissioners on Uniform State Laws. UCITA applies to contracts to license or buy software, contracts to create computer programs, contracts for on-line access to databases and contracts to distribute information over the Internet. UCITA does not apply to goods such as television sets, stereo equipment, airplanes or traditional books and publications. Goods generally remain subject to UCC Article 2 or Article 2A. Many transactions may include more than computer information. If that transaction covers non-goods subject matter, UCITA applies only to the part of the transaction which is computer information and other law applies to the other subject matter. In the event the other subject matter is goods, UCC Article 2 or 2A applies to the goods subject matter and UCITA applies to the computer information part. UCITA is coordinated with existing Articles 2 and 2A, so coverage of each to part of the transaction will be facilitated. With respect to other subject matter (primarily services) UCC Articles 2 and 2A have worked in mixed transactions with the common law applicable to the services.

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Characteristics and Current Status of Library E-book Purchase Contracts (도서관의 전자책 수급 계약의 특성과 실태)

  • Hosin Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.1
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    • pp.435-456
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    • 2023
  • This study aims to check whether e-book purchase contracts have sufficient requirements to serve as legal basis for e-book lending outside the library, and also to understand the current status and characteristics of the library's e-book purchase contracts. To this end, the legal and technical environment related to e-book lending was reviewed, and the elements that must be included in the license contract were summarized as the legal basis for e-book lending. Based on this, it was analyzed whether these requirements were properly reflected in actual contract cases. For three years from 2020 to 2022, the actual 43 contracts that were bid through the Korea On-line E-Procurement System were inspected, and then problems were pointed out, and improvement measures were proposed.

Incoterms 2010 and CISG (Incoterms 2010과 CISG)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.43-59
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    • 2011
  • Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

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THE VALUE ENGINEERING REVIEW OF THE CUT AND COVER TUNNEL FOR THE SEOUL SUBWAY LINE 9 (서울 지하철 9호선의 개착구조물에 대한 가치공학 평가)

  • Song Suk-Jun;Koo Ja-Kap;Kim Eun-Keum
    • Proceedings of the KSR Conference
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    • 2004.10a
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    • pp.957-964
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    • 2004
  • The selected structure for the value engineering review is one section of cut and cover tunnel for Seoul Subway Line 9. The primary focus of the review is on the optimisation of the structures to save cost on the existing Line 9 contracts through variation of the design criteria as it affects the permanent works. This is to be achieved through comparison with design criteria for other selected international subways. Criteria resulting from the review must not compromise public safety and durability for the 100 year design life.

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A STUDY ON MUTUAL COMMUNICATION SYSTEM BUILDING FOR CUSTOMER SATISFACTION

  • Jong-Chul Go;Hyun-Bae, Kim
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.1124-1127
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    • 2009
  • With the help of information and technology development since 2000, there have been increasing number of community forums for communications among future residents through on-line webs after the contracts for purchases have been signed. However, more complaints are being filed since the construction companies take less care of them in the nation. Therefore, a mutual communication system is to be proposed in this paper in order to reduce the complaints in advance due to improper communications, to improve the customer satisfaction, to analyze the troubles for communication, and to provide solutions for better mutual communications

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Disputes Patterns and Resolution Approaches in the Global Trading of Digital Goods (디지털상품의 국제거래 유형과 분쟁 해결방안)

  • Shim, Sang-Ryul;Jeong, Yoon-Say
    • Journal of Arbitration Studies
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    • v.17 no.3
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    • pp.145-167
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    • 2007
  • Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

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A Study on Some Issues of Business and Law in relation to ICC Model Turnkey Contract - Focusing on ICC Model Contract for Turnkey Supply of Industrial Plant (ICC모델 턴키 계약의 쟁점에 관한 연구 - ICC Model Contract for Turnkey Supply of Industrial Plant를 중심으로 -)

  • Kim, Kyoung-Ok;Kim, Dae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.189-209
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    • 2012
  • This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

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