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- 검색키워드
- 저자 : ( Hamed Alavi ) (검색결과 3 건)
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DOCUMENTARY LETTERS OF CREDIT, PRINCIPLE OF STRICT COMPLIANCE AND RISK OF DOCUMENTARY DISCREPANCY
( Hamed Alavi ) 고려대학교 법학연구원 2016 Korea University Law Review Vol.19 No.-
Documentary Letters of Credit are considered as life blood of international trade. Their importance becomes evident when two businessmen from different parts of the globe who have no knowledge about each other’s financial and business history deicide to do trade together. In such an occasion, Documentary Letters of Credit facilitate the trade process by shifting commercial risk of non-payment from importer to irrevocable promise of payment by a bank under the condition of presenting complying documents required in LC by exporter. However, some researches indicate that more than 70 percent of presentations of exporter beneficiaries are dishonored by banks due to documentary discrepancy. Corner stone to current paper is Principle of Strict Compliance in LC operation which is regulated under article 14 of Uniform Customs and Practices for Documentary Letters of Credits published by ICC (latest version is UCP 600). In analyzing the legal character of Principle of Strict Compliance, paper will try to answer the question of: (i) What are standards of compliance in decisions of English, American and South Korean courts in determining discrepancy of presented documents to bank? (ii) How different are these standards and what are main types of documentary discrepancy in international LC transaction?
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( Hamed Alavi ) 고려대학교 법학연구원 2016 Korea University Law Review Vol.20 No.-
The case of Sztejn V. J. Henry Schroder banking Corporation and recognition of fraud exception was starting point to erode the absolute application of autonomy principle in documentary letters of credit at global level. More than seventy years after recognition of fraud exception, complicated process of international trade gave rise to other possible exceptions to autonomy principle including illegality, unconscionability, nullity and recklessness of beneficiary. Despite the fact that principle of illegality has age old application in different legal systems to make contracts against statue, good faith and public policy as unenforceable, its application to documentary letters of credit is not completely clear. Clearly, the LC or bank guarantee which has been issued on an illegal basis will be considered unenforceable even without involving the autonomy principle. However, problem will occur where underlying contract is illegal as autonomy principle separates the credit from the underlying contract. In current paper, author tries to tap on problem of illegality in underlying contract and its effect on enforceability of the credit in different jurisdictions. In doing so, this paper endeavours to provide answers to following questions: what is the legal nature of illegality and what are preconditions for its application in the framework of documentary letters of credit? How do different national laws regard illegality as a possible exception process of LC transaction? And what are existing criticisms against recognition of illegality defence as an exception to autonomy principle in documentary letters of credit system?
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Modeling the compressive strength of cement mortar nano-composites
Reza Alavi,Hamed Mirzadeh 사단법인 한국계산역학회 2012 Computers and Concrete, An International Journal Vol.10 No.1
Nano-particle-reinforced cement mortars have been the basis of research in recent years and a significant growth is expected in the future. Therefore, optimization and quantification of the effect of processing parameters and mixture ingredients on the performance of cement mortars are quite important. In this work, the effects of nano-silica, water/binder ratio, sand/binder ratio and aging (curing) time on the compressive strength of cement mortars were modeled by means of artificial neural network (ANN). The developed model can be conveniently used as a rough estimate at the stage of mix design in order to produce high quality and economical cement mortars.
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