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      • 貿易物品賣賣契約의 成立 및 形態

        이해언 安東大學 1982 安東大學 論文集 Vol.4 No.1

        The purpose of This paper is to explain how contracts of sale of goods are formed, and what basic contract forms of sale of goods There are. contracts occupy a position of prime importance in their application to the field of business, contracts are the medium through which The international trade functions, stated in braad terms, such phases of basiness employment, selling, buying, use of credit, transportation, shifting of risk are accomplished through the use of contracts. Most of our forms of international trade transaction owe their very existence to contracts of sale of goods. As we know, a contract is a legally binding Agreement made between two or more competent parties and has for its object the creation of an Obligation. A contract is an agreement resulting in an obligation enforceable at laws: That is to say, a contract results from a combination of the two ideas of agreement and obligation. A contract has its origin in agreement, but all agreements are not contracts, contracts of sale of goods made Through and by oral, telephone, telex, post, and telegram have innumerable forms of contract, just as described in this paper.

      • 韓國貿易構造의 變化 및 問題點(1970~1979)

        이해언 安東大學 1981 安東大學 論文集 Vol.3 No.1

        Our foreign trade in the 1970~1979, in which we, Koreans, have promoted export oriented economic development, has brought about a high level in duality and expansion in quantity. In forgeign trade structural phase the rate of light industrial products among the whole export products has been enhanced compared with that of 1960s, especially a qualitative high level in heavy industrial enabled Korea to increase export. In import structural phase more raw materials and capital have been imported, while import of consumption goods has been decreased. The increase of export entailed maintenance of support in finance and tax for price competition. In import phase the increase of input demand ensued from export increase and industrialization brought structural hardiness stemmed from the inability of import adjustment by causing import demand of natural resource and capital. In the 1970~1979 our export-import markets being spread all over the world, ours are attached too much importance to special areas such as U. S. and Japan. Our inability to positively and actively cope with export import condition change of trade partners can be pointed out as a (great) question. The writer in this paper tried to grope for change of trade structure and questions in the 1970~1979, also the direction of Korea`s foreign trade policy in the 1980s.

      • 국제물품매매계약의 특성과 문제점에 대한 고찰

        이해언 安東大學 社會科學硏究所 1999 社會 科學 論叢 Vol.11 No.1

        The object of this dissertation is to establish a scientific system on contracts for the international sale of Goods. International sale of Goods is mainly formed by offer and acceptance and there are many way to accept the offer, if the offer specifies the method of acceptance. The specification should be followed. When the method of acceptance is not specified. The acceptance should be equal to the method of offer, or at least as expeditious as the offer. International sale of Goods through literatures and corroborative evidences -i.e. international trade regulations, laws, judicial precedents, customs, and usages will be arranged systematically. On this theoretical bases a system of contracts for the international sale of Goods will be established. Especially reviewing the nature and characteristics of contracts for the international sale of Goods, governing law, the problems of how and when to form, perform and discharge contracts for the international sale of Goods through theory, international trade regulations, laws, judicial precedents and cases, a scientific system on contracts for the international sale of Goods may be established. I have reviewed the characteristics and issues awaiting solution on contracts for the international sale of Goods.

      • 輸入自由化와 産業의 國際競爭力

        이해언 安東大學 1983 安東大學 論文集 Vol.5 No.1

        The import freedom policy should not necessarilly need to be adopted in the same economic conditions as advanced countries such as U.S.A. Japan, & EC countries began to free their imports. There only remain concrete ways and time arrangement in the import freedom policy based? on the comparative advantage after due consideration of our economic specialties. We should maximize development incentive through opening and minimize the impacts ensued from the direction of the import freedom policy we pursue. The import freedom policy should be understood and appraised by our economic realities, trade atmosphere and in the stages of industrial progress, deficit of balance of payment and its consequent accumulation of foreign debt when we (country) promote the import freedom policy work as restrictive, conditions The precipitous opening of our trade to foreign countries under the unimproved condition of all-out export atmosphere will bring the extensive range of trade deficit, which will increase import demand-especially consumption goods, to foreign debt burden. So we should have shock-absorptive-means and safety devices to elastically meet the impacts ensued from the import freedom policy by raising international competitive ness of our goods.

      • 무역클레임에 있어 문제점과 해결방안에 관한 일고

        이해언 安東大學 社會科學硏究所 2001 社會 科學 論叢 Vol.13 No.1

        The purpose of this paper is to study. The problems & the means of solution in trade claim. The reality is that claims have been increased in proportion to activities of trade, together with the rapid expansion of export & the expansion of economic scale since 1970s. There are always probabilities of the trade claims in foreign trade in comparison with internal transaction. Trade claim, in fact, is a sort of pathological phenomena sprung from the process of trade practices, and causes, it is true, many a trade problem to be brought about in the process of trade being practiced. For example, there is a claim on the side of trade contract and fulfillment in connection with merchandise-export caused by extention of export quantity. Accordingly unless these are solved, we, in a real sense, do not consider all the problems containing trade claims generated in the process of trade contract-fulfillment as the role of engine of economic growth bringing the expansion of export. So all the materials for this paper are based on documents published by different study institutes and works of trade claim at home and abroad. Based on many materials, the problems and solutions ensued from trade claims have been studied at length. The writer of this paper puts the great emphases on "what are the problems in trade claim?" and "what are the means of solution of trade claim?"

      • 信用狀主要當事者의 義務와 責任에 關한 硏究

        이해언 安東大學 1985 安東大學 論文集 Vol.7 No.1

        My main purpose in writing this treatise is to research and analyze some possibly significant relationships among parties concerned of a letter of credit which further thought and legal, practical research may be required. A subject such as this treatise is intimately related to many quotations and some legal aspects are inevitable. Many cases quoted from the practice of international trade on the analytical appraches are also used. The body of my treatise is divided into three important sections. The first section deals with the primary parties concerned. The second section includes problems which can be raised by all the primary parties concerned. In the third section, responsibilities and liabilities among the primary parties concerned have been set forth. Especially, in the third section, the following responsibilites and liabilities of all the primary parties concerned have been dealt with. 1. Exporter and importer. 2. importer and the Issuing bank. 3. Exporter and the issuing bank. 4. primary parties of L/C and the advising bank. Some premises as follows are set forth. 1. The right of exporter against the issuing bank is absolute and not influenced by the legal aspects between the exporter-importer and importer-the issuing bank 2. All parties concerned deal in documents and not in goods. 3. The opening bank`s refusal to pay should be required to prove an illicit act on the part of exporter. 4. The one means of importer`s self-defiance against possible dangers of loss is to insert proper clauses for protecting importer on the L/C`s face.

      • CIF 契約의 所有權移轉에 관한 硏究

        이해언 安東大學 1984 安東大學 論文集 Vol.6 No.1

        The purpose of this paper is to study the passing of the property in CIF contract. The passing of the property will carry serious consequences for the parties in the event of the insolvency of the buyer or seller, the loss or destruction of the goods where the loss is not covered by insurance. As a general rule in a contract for the sale of goods the property and the risk pass at the same time, but this is not the usual case in a C.I.F contract. Under a C.I.F contract the buyer is in effect the insurer, as of the time of shipment. The transfier to him of the bill of lading and the policy of insurance giving him the right of action in respect of loss and after shipment. But the property in the goods may not, and generally does not, pass on shipment. It very often will not pass until tender and payment. The moment at which the property passes is entirely a question of intention to be gathered from the terms of the contract, The conduct of the parties and The circumstances of the case. Except under special circumstances, the timing of property tranfer is prescribed to be suspended until such time that the payment is made by a letter of credit based on the contract. Therefore, the beneficial interest of property is transferred to the buyer on loading, for security interest, this would be transferred to the bank by converting cash on delivery terms to cash against documents terms. The property transfer to the buyer would take place when the buyer made payment to the bank, with the property retroactive to the time of loading. When to pass the property in the event of unascertained goods, ascertained goods and the banks (not) being involved is studied intensively in this paper.

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