• Title/Summary/Keyword: exception

Search Result 1,904, Processing Time 0.032 seconds

A Study on Unconscionability as an Exception to the Independence Principle under Bank Guarantees (은행보증의 독립성 예외와 "비양심성"에 관한 연구)

  • Jing-Ik Chae
    • Korea Trade Review
    • /
    • v.47 no.5
    • /
    • pp.115-128
    • /
    • 2022
  • This paper reviewed "unconscionability" as an exception to the independence principle of bank guarantees. Apart from fraud which has been recognized in most international jurisdictions, Uuconscionability would also be recognized as the exception to the legal principle, the so-called "fraud rule" or "an abuse of rights." Unconscionability exception is applied in the same manner as fraud and other exceptions to the principle of independence. The exception should allow guarantor to dishonor the drawings that abuse the independence principle. However, outright or manifest facts of the unconscionability must be established in order to apply the exception. Lots of arguments or conflicts may be caused in applying the unconscionability exception. Therefore, this study aims to prevent institutional abuses or to reduce the disputes from setting up the legitimate scope and standard for application of the exception by reviewing these procedural issues and problems under bank guarantee transactions. This paper also suggested practical implications and countermeasures for the institutional application.

Interpretation of 3rd Party's Fraud Exception Rule Under Law of Letters of Credit (신용장거래에 있어서 제3자 사기에 관한 해석)

  • Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.36
    • /
    • pp.29-46
    • /
    • 2007
  • The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

  • PDF

A Consideration on Fraud Exception and the Principle of Independence under the L/C transaction (신용장의 독립성의 원칙의 예외로서의 사기원칙에 관한 고찰)

  • Lee, Jong-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.34
    • /
    • pp.55-74
    • /
    • 2007
  • The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).

  • PDF

A Method to Construct Control Flow Graphs for Java Programs by Decoupling Exception Flow Analysis from Normal Flow Analysis (예외 흐름 분석을 정상 흐름 분석과 분리하여 Java프로그램에 대한 제어 흐름 그래프를 생성하는 방법)

  • 조장우;창병모
    • Journal of KIISE:Software and Applications
    • /
    • v.31 no.5
    • /
    • pp.643-650
    • /
    • 2004
  • Control flow graph is used for Performing many Program-analysis techniques, such as data-flow and control-dependence analysis, and software-engineering techniques, such as program slicing and testings. For these analyses to be safe and useful, the CFG should incorporate the exception flows that are induced by exceptions. In previous research to construct control flow graph, normal flows and exception flows are computed at the same time, since these two flows are known to be mutually dependent. By investigating realistic Java programs, we found that the cases when these two flows are mutually dependent rarely happen. So, we can decouple exception flow analysis from normal flow analysis. In this paper we propose an analysis that estimates exception flows. We also propose exception flow graph to represent exception flows. And we show that the control flow graph that accounts for exception flows can be constructed by merging exception flow graph onto normal control flow graph.

An Automated Approach for Exception Suggestion in Python-based AI Projects (Python 기반 AI 프로젝트에서 예외 제안을 위한 자동화 접근 방식)

  • Kang, Mingu;Kim, Suntae;Ryu, Duksan
    • The Journal of the Institute of Internet, Broadcasting and Communication
    • /
    • v.22 no.4
    • /
    • pp.73-79
    • /
    • 2022
  • The Python language widely used in artificial intelligence (AI) projects is an interpreter language, and errors occur at runtime. In order to prevent project failure due to errors, it is necessary to handle exceptions in code that can cause exceptional situations in advance. In particular, in AI projects that require a lot of resources, exceptions that occur after long execution lead to a large waste of resources. However, since exception handling depends on the developer's experience, developers have difficulty determining the appropriate exception to catch. To solve this need, we propose an approach that recommends exceptions to catch to developers during development by learning the existing exception handling statements. The proposed method receives the source code of the try block as input and recommends exceptions to be handled in the except block. We evaluate our approach for a large project consisting of two frameworks. According to our evaluation results, the average AUPRC is 0.92 or higher when performing exception recommendation. The study results show that the proposed method can support the developer's exception handling with exception recommendation performance that outperforms the comparative models.

Visualization of Exception Propagation for Java Programs based on Static Analysis (정적분석을 이용한 자바 프로그램의 예외 전파 시각화)

  • 허순희;창병모
    • Journal of KIISE:Software and Applications
    • /
    • v.30 no.7_8
    • /
    • pp.696-702
    • /
    • 2003
  • This paper presents a static analysis based on set-based framework which estimates exception propagation paths of Java programs, and a visualization tool which visualizes propagation paths of exceptions using the static analysis information. We have implemented the exception propagation analysis and a visualization tool, which can guide programmers to handle exceptions more effectively.

Search Tree Generation for Efficient Management of Business Process Repository in e-commerce Delivery Exception Handling (전자상거래 배송업무의 예외처리용 프로세스 저장소의 효과적 관리를 위한 검색트리 생성)

  • Choi, Doug-Won;Shin, Jin-Gyu
    • Journal of Intelligence and Information Systems
    • /
    • v.14 no.4
    • /
    • pp.147-160
    • /
    • 2008
  • BPMS(business process management system) facilitates defining new processes or updating existing processes. However, processing of exceptional or nonroutine task requires the intervention of domain experts or introduction of the situation specific resolution process. This paper assumes sufficient amount of business process exception handling cases are stored in the process repository. Since the retrieval of the best exception handling process requires a good understanding about the exceptional situation, context awareness is an important issue. To facilitate the understanding of exceptional situation and to enable the efficient selection of the best exception handling process, we adopted the 'situation variable' and 'decision variable' construct. A case example for exception handling in the e-commerce delivery process is provided to illustrate how the proposed construct works. Application of the C5.0 algorithm guarantees the construction of an optimum search tree. It also implies that an efficient search path has been identified for the context aware selection of the best exception handling process.

  • PDF

A Software Framework for Automatic Exception Handling of Context-aware Systems (상황인지 시스템의 예외 처리 자동화를 위한 소프트웨어 프레임워크)

  • Yoon, Tae-Seob;Cho, Eun-Sun
    • Journal of the Institute of Electronics and Information Engineers
    • /
    • v.51 no.4
    • /
    • pp.90-97
    • /
    • 2014
  • Context-aware systems provide proper services for the user according to current contexts. However, it is not actively deployed in our daily lives as expected, due to many concerns including occurrences of exceptions. C++/C#/JAVA provide exception handling facilities for desktop computing programs, but context-aware system developers might feel far more difficult to make use of such general facilities, because it is hard to decide the timing and position of exception handling with various devices engaged. In this paper, we propose an exception detection and handling mechanism using device semantics and AspectJ so that it can constantly detect a large number of devices to allow the programmers to detect and handle exceptions with less burden.

Design and Simulation of ARM Processor with Interrupts (인터럽트 기능을 갖는 ARM 프로세서의 설계 및 모의실행)

  • Lee, Jongbok
    • The Journal of the Institute of Internet, Broadcasting and Communication
    • /
    • v.19 no.6
    • /
    • pp.183-189
    • /
    • 2019
  • Despite its low cost, ARM is widely used in smartphones, digital cameras, home network devices, and wireless technologies because of its low power consumption and reliable performance. The domestic memory semiconductor design technology is in the world's highest level, but that of the processor is far less than that, which results in the technology unbalance between the memory and the processor. When designing a processor, exception and interrupt capabilities are requisite, but this is often omitted in the research stage. However, exception processing and interrupts must be included in order for the processor to function fully. In this paper, we design a 32-bit ARMv4 family of processors with exception handling and interrupts using VHDL and verify with ModelSim. As a result, ARM's exception and interrupts are successfully performed.

An Exception Monitoring System for Developing Reliable Java Programs (신뢰성 높은 JaVa 프로그램 개발을 위한 예외 모니터링 시스템)

  • Oh Heejung;Chang Byeong-Mo
    • The KIPS Transactions:PartA
    • /
    • v.12A no.6 s.96
    • /
    • pp.471-476
    • /
    • 2005
  • Exception mechanism in Java allows programmers to define, throw and catch exceptional conditions. It is important for the development of reliable programs to make sure that exceptions are handled appropriately at run-time. In this paper, we develop an exception monitoring system, which can help programmers trace and handle exceptions effectively. Using this system, programmers can examine exception handling process in detail by tracing only interesting exceptions, and can handle exceptions more effectively. To reduce performance overhead, we design the system based on code instrumentation. Moreover, we show the effectiveness of the system by experiments on benchmark programs.