CISG의 흠결보충

이재현 ( Lee Jae-hyun ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.4

The objective of this paper is to answer the question about relationship between gap-filling by the application of the general principles and gap-filling by analogical application in CISG. Chapter II attempts to illustrate the legislative history of Article 7(2) CISG. Chapter III considers gap-filling in accordance with Article 7(2) CISG, and puts forward for consideration an argument to solve the question of supra. Every legal system, be it based on legislation or on precedent, is continually called upon to cope with problems of gap-filling. The CISG has also recognized that there are gaps within the CISG which need filling. According to Article 7(2) CISG, a question that is governed by the CISG but does not find an express solution in it shall be settled in conformity with the general principles on which the CISG is based, or, in the absence of such principles, in conformity with the law applicable by virtue of the rules pertaining to private international law. Article 7(2) CISG serves the same function as gap-filling in Article 17 ULIS, but there is a difference between the rules in the sense of admissibility in the application of rules pertaining to domestic law. If the matter is governed by the CISG, and it is expressly settled under it, a gap cannot exist as the CISG already deals with the matter. Having concluded that a gap exists it is necessary to determine how it should be filled. There are two alternatives. Either the gap is filled by applying the general principles on which the CISG is based, or, in the absence of the applicable principles, the recourse is determined through domestic law. In considering these alternatives, considerations must be given to the international character of the CISG and the need to promote uniformity in its application (Article 7(1) CISG). The international character is directed at preventing the problem of homeward trends. Any gaps must be filled as much as possible within the CISG itself. The approach to gap-filling adopted in Article 7(2) CISG is influenced by similar methods to gap-filling that can be found in the codes of civil law systems. According to Article 7(1) CISG the meaning given to a term used in the CISG is not necessarily the same as the meaning accorded to it in a specific legal system which uses the same term. It must be assumed that the term is to be interpreted independently, taking into account its function within the context of the CISG. In spite of the similarity of wording ‘general principles’ concerning gap-filling rules, the function of Article 7(2) is to draw a line against the application of domestic law. There is general agreement that analogical application is one of the important methods of filling gaps. Although Article 7(2) CISG does not mention the analogy to specific provisions of the CISG as a means of filling gaps, this does not mean that reasoning behind the analogy is excluded from the CISG. The question that usually arises is about the relationship between the gap-filling by the application of the general principles and gap-filling by analogical application in CISG. There is diversity in academic opinions on it. They can be classified into three main groups. First, some of the scholars are of the opinion that there are two independent complementary methods of gap-filling, application of the general principles and analogical application, which are allowed under Article 7(2) CISG in a broad sense. And only when analogous solutions can not be found in the provisions of CISG should the interpreter resort to the application of the general principles on which the CISG is based. Such opinions neglect the distinction between analogy to one provision (Einzelanalogie) and analogy to more than one provision (Gesamtanalogie). Therefore in the case of analogy, a general principle is derived from one or several specific provisions; there is no clear-cut dividing line between the analogical application of one or more specific rules on the one hand and recourse to the general principles on the other. Secondly, some equate the method of gap-filling by analogy to more than one provision of CISG (Gesamtanalogie) with the recourse to general principles. However, such analogy as the only possible means of gap-filling seems to be insufficient and too narrow. They also ignore the value of the general principles which are basic to the CISG that carry the impression or notion of further development. Finally, some academics point out that the recourse to general principles on which the CISG is based includes analogy to specific provisions. Principled reasoning presupposes analogical thinking. Where there are no special reasons for limiting the analogical application of a specific provision to another case, the case is then regulated by a provision that is applied to a case at hand which is not encompassed by the wording but by the ratio legis and/or by the general principle (tertium comparationis). Reasoning by analogy consists of induction and deduction. To formulate a principle can be characterized as a form of inductive reasoning, i.e. analogy is regarded as a method to induce the general principle. The General principle is derived not only from several provisions but also from single provision (generalization). The general principles can be characterized as either general or specific and from the general principle we derive rule through deduction in order to be applied directly in a concrete case (specification). It should be concluded, from what has been said above, that analogy is included in the recourse to general principles on which the CISG is based.

Association of Duration and Rate of Grain Filling with Grain Yield in Temperate Japonica Rice (Oryza sativa L.)

Yang, Woon-Ho,Park, Tae-Shik,Kwak, Kang-Su,Choi, Kyung-Jin,Oh, Min-Hyuk The Korean Society of Crop Science 2007 Korean journal of crop science Vol.52 No.1

Grain filling is a crucial factor that determines grain yield in crops since it is the final process directly associated with crops' yield performance. Grain filling process can be characterized by the interaction of rate and duration of grain filling. This study was conducted, using 16 temperate japonica rice genotypes, with aims to (1) seek variations in grain filling duration and rate on area basis, (2) compare the contribution of grain filling duration and rate to grain yield, and (3) examine the influence of temperature and solar radiation for effective grain filling on grain yield in relation to grain filling duration and rate. Grain filling rate and duration exhibited highly significant variations in the ranges of $20.7{\sim}46.3\;g\;m^{-2}d^{-1}\;and\;11.2{\sim}35.5$ days, respectively, depending on rice genotypes. Grain yield on unit area basis was associated positively with grain filling duration but negatively with grain filling rate. Grain filling rate and duration were negatively correlated with each other. Final grain weight increased linearly with the rise in both cumulative mean temperature and cumulative solar radiation for effective grain filling. Higher cumulative mean temperature and cumulative solar radiation for effective grain filling were the results of longer grain filling duration, but not necessarily higher daily mean temperature and daily solar radiation for effective grain filling. Grain filling rate demonstrated an increasing tendency with the rise in daily mean temperature for effective grain filling but their relationship was not obviously clear. It was concluded that grain filling duration, which influenced cumulative mean temperature and cumulative solar radiation for effective grain filling, was the main factor that determined grain yield on unit area basis in temperate Japonica rice.

Association of Duration and Rate of Grain Filing with Grain Yield in Temperate Japonica Rice (Oryza sativa L.)

Woonho Yang,Taeshik Park,Kangsu Kwak,Kyungjin Choi,Minhyuk Oh 韓國作物學會 2007 Korean journal of crop science Vol.52 No.1

Grain filling is a crucial factor that determines grain yield in crops since it is the final process directly associated with crops' yield performance. Grain filling process can be characterized by the interaction of rate and duration of grain filling. This study was conducted, using 16 temperate japonica rice genotypes, with aims to (1) seek variations in grain filling duration and rate on area basis, (2) compare the contribution of grain filling duration and rate to grain yield, and (3) examine the influence of temperature and solar radiation for effective grain filling on grain yield in relation to grain filling duration and rate. Grain filling rate and duration exhibited highly significant variations in the ranges of 20.7~46.3~;g~;m-2d-1~;and~;11.2~35.5 days, respectively, depending on rice genotypes. Grain yield on unit area basis was associated positively with grain filling duration but negatively with grain filling rate. Grain filling rate and duration were negatively correlated with each other. Final grain weight increased linearly with the rise in both cumulative mean temperature and cumulative solar radiation for effective grain filling. Higher cumulative mean temperature and cumulative solar radiation for effective grain filling were the results of longer grain filling duration, but not necessarily higher daily mean temperature and daily solar radiation for effective grain filling. Grain filling rate demonstrated an increasing tendency with the rise in daily mean temperature for effective grain filling but their relationship was not obviously clear. It was concluded that grain filling duration, which influenced cumulative mean temperature and cumulative solar radiation for effective grain filling, was the main factor that determined grain yield on unit area basis in temperate Japonica rice.

옥수수 登熟形質에 있어서 雜種强勢와 優性程度

Sean Woo Cha(車善佑),Sang Il Park(朴相一),Seung Keun Jong(鄭承根),Seok Dong Kim(金奭東) 한국육종학회 1997 한국육종학회지 Vol.29 No.3

This study was carried out to estimate the heterosis and degree of dominance of duration and rate of grain filling in 8-parental diallel cross in corn. The heterosis for the duration of grain filling during the lag period was 87~116% (mean 97%), while the heterosis for the duration of grain filling during the effective filling period was 93~124% (mean 110%). Hybrids FR2A/KS42, FR2A/YUBC208 and FR2A/FR14A showed the highest heterosis for the duration of grain filling. Heterosis for the rate of grain filling during the lag period was 114~162% (mean 132%), while heterosis for the rate of grain filling during the effective grain filling period was 104~132%. In average, the heterosis for the rate of grain filling during the lag period was higher than that during the effective grain filling period. Degree of dominance for the duration of grain filling was partial dominance, complete or over dominance, while only over dominance was shown for the rate of grain filling in most of the hybrids tested. Parent with long or short duration of grain filling exhibited different degree of dominance depneding on the cross combinations, while parents with greater rate of grain filling showed dominance in all F₁ hybrids.

Relationship between grain filling duration and leaf senescence of temperate rice under high temperature

Kim, Junwhan,Shon, Jiyoung,Lee, Chung-Kuen,Yang, Woonho,Yoon, Youngwhan,Yang, Won-Ha,Kim, Yuon-Gyu,Lee, Byun-Woo Elsevier 2011 Field crops research Vol.122 No.3

<P><B>Highlights</B></P><P>► We observed leaf senescence and grain filling process under high temperature. ► Grain filling process terminated before leaf senescence was completed under high temperature. ► Leaves keep its photosynthesis ability even after grain filling termination. ► Theses results support that grain filling duration depend on duration of sink activity rather than source activity under high temperature.</P> <P><B>Abstract</B></P><P>High temperature during grain filling period has been reported to decrease the grain filling duration, leading to the lower grain weight and yield of rice. Two experiments in the phytotron and field were carried out to test the hypothesis that the leaf senescence of rice plants may determine the grain filling duration under high temperature. In the phytotron experiment in 2008, rice plants of a japonica cultivar “Ilpumbyeo” were subjected to three minimum/maximum (mean) temperature regimes of 11/19 (15), 17/25 (21), and 23/31°C (27°C). In the field experiment, rice seedlings of the same rice cultivar were transplanted on May 6th and June 19th in 2009 and the mean temperatures during the grain filling period were 24.4 and 21.9°C, respectively. Both experiments revealed consistently that high temperature increased the rates of grain filling and leaf senescence while it reduced the durations of them. However, grain filling was terminated earlier than complete leaf senescence, the time gap being greater at higher temperature. In addition, the fraction of dry matter partitioning to the leaf sheath+culm resumed to increase following the termination of grain filling under high temperature, indicating that leaves were still maintaining photosynthetic capacity and supplying assimilates into the other plant tissues except grain even after the termination of grain filling. These findings suggest that an early termination of grain filling in temperate rice under high temperature was not resulted from the lack of assimilate owing to the early leaf senescence but from the loss of sink activity owing to the earlier senescence of panicle.</P>

열대조건에서 벼 등숙기간 형질의 유전분석

곽태순 한국국제농업개발학회 2007 韓國國際農業開發學會誌 Vol.19 No.3

This study was conducted to get the basic genetic informations regarding the grain filling patterns and initial grain filling rate for 24 rice varieties composed by the different 3 sub-species of rice under tropical condition at IRRI. The amount of actively accumulated starch by daily grain filling was 0.94 grams per day to 0.84 grams per day from 7 days after heading to 21 days after heading, but after 21 days after heading showed very slightly accumulation. The patterns of daily grain filling among different sub-species of rice revealed quite similar phenomena. The degree of daily grain filling showed highly varietal significant, therefore this character could be explained by genetic characteristics. The heritability of temperate indica of Tongil type rice variety showed higher than that of indica and temperate japonica of new plant type(NPT). The value of genotypic correlation for the characters related to the daily grain filling by 7 days intervals after heading is greater than phenotypic and environmental correlations. 국제미작연구소의 열대조건에서 벼 등숙과정별 등숙율에 대한 유전정보를 파악한 결과는 아래와 같다. 1.출수후 7일 째부터 21일 사이의 기간에 하루 종실에 축적되는 동화전분이 0.94g/day에서 0.84g/day로 활발하게 채워졌고 그 이후는 미미하게 축적되었다. 2.상이한 벼 아종 간에도 daily grain filling 양상은 비슷하였다. 3.Daily grain filling정도가 품종간 고도의 유의성이 인정되어 유전형질로 취급할 수 있음이 밝혀졌다. 4.통일형인 temperate indica품종군의 초기급속등숙속도에 대한 유전력이 인디카 및 NPT초형의 temperate japonica품종군보다 높았다. 5.출수후 매 7일 간격의 daily grain filling정도의 모든 형질에서 유전상관의 값이 표현형상관이나 환경상관의 값보다 크게 나타났다.

옥수수 登熟期間과 登熟 速度의 組合能力

Seon Woo Cha(車善佑),Sang Il Park(朴相一),Seung Keun Jong(鄭丞根) 한국육종학회 1995 한국육종학회지 Vol.27 No.4

This study was carried out to estimate the combining abilities of duration and rate of grain filling in eight-parental diallel cross in corn. Highly significant general(GCA) and specific combining abilities(SCA) were obtained for grain filling period and rate. The magnitude of variance for GCA was much larger than that for suggesting that additive gene effects were greater than non-additive gene effects. Inbred line, FR25 seemed to be effective in extending the days of lag period, effective grain filling duration and the black layer appearance, while YUBC208 appeared to shortening the days of grain filling duration. Inbred, KI16A increased the rate of grain filling, while A508 decreased the rate of grain filling. FR2A/YUBC208, KS42/A508 and YUBC 208/A662 showed high SCA for extending grain filling period during lag period, while FR25/FR2A and KI16-A/KS42 were effective in shortening the grain filling period. During the effective grain filling period, FR2A/FR14A extended the grain filling period, but FR25/A508 shortened the grain filling period. FR2A/A662 and KS42/YUBC208 were effective in speeding up the rate of grain filling, while FR25/FR2A was effective in slowing down the rate of grain filling.

수압식 충전의 효율 향상을 위한 선단장치 개발에 관한 연구

유성곤(Sung-Kon Yu),김태혁(Tae-Heok Kim),신동춘(Dong-Chun Shin) 한국암반공학회 2012 터널과지하공간 Vol.22 No.6

최근 국내에서는 폐광산 지반보강공사를 실시함에 있어 수압식 충전법을 적용하는 사례가 증가하고 있으나 효율적인 충전법 적용을 위해 현장 특성을 고려한 다양한 연구가 미흡한 실정이다. 본 연구에서는 수압식 충전공법의 충전효율 개선을 위한 선단장치 개발을 위하여 수조 모형실험 및 현장실험을 실시하였다. 수조 모형 실험을 통해 동일조건 하에서 선단장치 노즐각도 및 노즐형태 변화에 따른 충전효율을 평가하고, 이로부터 고안된 선단장치 모델을 현장실험에 적용한 결과, 노즐각 90°관을 사용한 경우 일반적인 수직관을 사용한 경우에 비해 충전량이 약 18% 증가하는 것을 확인할 수 있었다. 이때 안식각은 30.82°였다. 현장에서는 일반적으로 안식각을 40°로 가정하고 충전공 간격을 5m에서 최대 10m 이내로 설계하였지만, 본 연구 결과에 따라 안식각을 30°~ 35°로 적용하면 충전공 간격을 최소 10m에서 최대 15m까지 넓히는 것이 가능하여 경제적이고 효율적인 채굴적 충전이 가능할 것으로 기대된다. In recent, the using of the hydraulic filling method has increased on the underground reinforcement of the abandoned mine in Korea, however it is the lack of research on the efficient filling method. In this study, tank model tests and field tests were conducted for development of tip device for filling efficiency improvements on the hydraulic filling method. In tank model experiments, the filling efficiency was evaluated according to the form and angle of the nozzle on tip device in the same condition. Then tip device model designed by tank model tests was applied to the field experiment. As a result, the amount of filling of nozzle 90° tube is increased by approximately 18% compared to the common vertical injection pipe. The angle of repose was 30.82°. Filling hole spacing in the field is usually designed from 5m up to 10m assumed to be 40° of the angle of repose. According to the results of this study, it is possible that the filling hole spacing expands at least 10m up to 15m applied to be 30°~35° of the angle of repose. Therefore, it is expected to be economical and efficient mine filling.

Study of Mixed Refining Behaviors of Softwood Kraft Pulps and Hardwood Kraft Pulps Using Different Bar Fillings

Ji-Young Lee,Chul-Hwan Kim,Sol Kwon,Hyeung-Hun Park,Hyun-Tek Yim,Ho-Gyeong Gu,Byung-Gul Min 한국펄프·종이공학회 2018 펄프.종이技術 Vol.50 No.5

Mixed refining using a narrow and coarse bar filling was applied to the mixing furnishes of long fibers and short fibers. According to different bar fillings, pure HwBKP in the narrow filling showed a faster drop in freeness than the mixed furnishes, and pure SwBKP in the coarse filling showed the slowest drop, differently from the mixed furnish. The mixed furnishes with more long fibers caused their mean fiber lengths to be shorter in both plate fillings. The increase of water retention values in the mixing furnishes was more affected by the amount of short fibers in the mixed furnish, not by the plate filling types. For physical properties of paper according to co-refining, better improvement was acquired in the coarse filling rather than in the narrow filling. In particular, the amount of long fibers in the mixed furnish contributed to the better improvement of physical properties in the same refining energy regardless of the plate fillings. Finally, it could be concluded that refining of mixed furnishes preferred the coarser bar filling to the narrower bar filling in developing fiber and paper properties.

Sediment Transport on Block Ramp: Filling and Energy Recovery

Stefano Pagliara,Michele Palermo,Ilaria Lotti 대한토목학회 2009 KSCE JOURNAL OF CIVIL ENGINEERING Vol.13 No.2

The effect of sediment transport on both morphology and energy dissipation in presence of non conventional stream rehabilitation structures, such as block ramps or rock chutes, is a not well explored topic on hydraulic engineering. Namely, in normal functioning conditions, these types of structures are generally located in mountain rivers, which are characterized by an elevated sediment transport which can be deposited and trapped between the rocks constituting the ramp. This causes a change in the bed roughness and in the energy dissipation process that is present on a block ramp. This occurrence was experimentally investigated at the Hydraulic Laboratory of the University of Pisa. Different experimental conditions were tested and the main hydraulic and geometric parameters controlling the filling phenomenon and its effects were highlighted. Namely, it was experimentally proved that both the median diameters of the filling material and of the ramp blocks, the ramp slope and the discharge are the most relevant parameters governing the ramp filling. Thus, experimental formulae were derived to foresee the ramp morphological changes and the interaction between the filling process and the geometric and hydraulic parameters. Moreover a comparison of the energy dissipation on block ramp was conducted and the energy recovery in presence and absence of filling material was compared. The effect of sediment transport on both morphology and energy dissipation in presence of non conventional stream rehabilitation structures, such as block ramps or rock chutes, is a not well explored topic on hydraulic engineering. Namely, in normal functioning conditions, these types of structures are generally located in mountain rivers, which are characterized by an elevated sediment transport which can be deposited and trapped between the rocks constituting the ramp. This causes a change in the bed roughness and in the energy dissipation process that is present on a block ramp. This occurrence was experimentally investigated at the Hydraulic Laboratory of the University of Pisa. Different experimental conditions were tested and the main hydraulic and geometric parameters controlling the filling phenomenon and its effects were highlighted. Namely, it was experimentally proved that both the median diameters of the filling material and of the ramp blocks, the ramp slope and the discharge are the most relevant parameters governing the ramp filling. Thus, experimental formulae were derived to foresee the ramp morphological changes and the interaction between the filling process and the geometric and hydraulic parameters. Moreover a comparison of the energy dissipation on block ramp was conducted and the energy recovery in presence and absence of filling material was compared.