• Title/Summary/Keyword: law & system

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A Study on the Substantive Law under the International Commercial Arbitration (중재에 있어서 실체적 준거법에 관한 연구)

  • Park, Eun Ok;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.99-124
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    • 2013
  • International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

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Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

House Rent Control System and Its Implementation in France (프랑스 주택 임대료 규제 및 관련 제도 연구)

  • Lee, Seong-Keun;Choi, Min-Ah
    • Land and Housing Review
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    • v.9 no.4
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    • pp.1-9
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    • 2018
  • Since year 2000, French housing and rent prices rose at a rapid rate and the housing market has been overheated. Face to this phenomena, the French government enacted a new law Alur which is a legislatif tool to control the private housing rent price for the cities, where the tension of the housing market is very high. This new law has impacted the housing market in two major ways. First, for the 38 cities designated by this law, the rent price's increase rate can not rise above the IRL, which is the rent reference index. Secondly, this law also permits local authorities to control the housing rent's price following the concrete price guidance. Especially in Paris, the city applicated this method for private rental housing since 2015. This city classified its own area by 14 zones. Based on the market surveys of each sector, local authority made a guidance for private housing rent's price. The guideline is consisted of average prices, maxima and minima price by types, which is classified by the construction year, number of rooms and furnished or not. Therefore, this study aims to understand french housing rent's price control system and draw implementation for korean housing rent policies. This research is meaningful for it introduces recent foreign regislations which could be helpful to control the housing market in Korea.

A Study on the Commercial Mediation System in China and its Implications (중국의 상사조정제도와 그 시사점에 관한 연구)

  • KIM, Jung-Nyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.171-190
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    • 2015
  • This thesis mainly studies the Commercial Mediation System in China and its Implications to Korea. Commercial mediation is an important dispute settlement method, however there are more studies on the issues of arbitration than the ones on mediation. Commercial mediation emerges From the tide of economic activity, needing an earnest research and to be developed. Business mediation law has been enacted in some nations like USA, but in Korea, there is no law in mediation field to follow. To set up business mediation law is necessary and urgent as well as feasible. This thesis first introduces the mediation of the general meaning including concept, makes a research concerning the sorts of the mediation, compares the effect of different kinds of mediation, and studies the current status of use of mediation in other countries. Than introduces current status of use of mediation in China, and examine mediation system in China. Through this studies, the writer no that there is almost equal problem in China comparing to Korea. So than examine how Chinese government make countermeasures to cover their problems, and give Korean government several implications that can learn from China.

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