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이시환(Lee Shie Hwan) 한국무역상무학회 2004 貿易商務硏究 Vol.23 No.-
A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.
이시환(Lee, Shie Hwan) 한국무역상무학회 2011 貿易商務硏究 Vol.50 No.-
The agreement to arbitrate is a central feature of commercial arbitration and the lack of a valid arbitration agreement is recognised as a reason why any arbitral award may not be recognized as binding by the courts or may be set aside. The purpose of this paper is to clarify the China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement. Most arbitration laws only require an arbitration agreement to be "in writing". But the arbitration law of the China require an arbitration agreement shall contain the following: 1. The expression of application for arbitration. 2. Matters for arbitration. 3. The arbitration commission chosen. And China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement are somewhat different from the other nations.
UNIDROIT Principles 2010에 관한 소고
이시환(Lee, Shie Hwan) 한국무역상무학회 2011 貿易商務硏究 Vol.51 No.-
The Governing Council of UNIDROIT at its 90th session adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts(“UNIDROIT Principles 2010”). The UNIDROIT Principles of International Commercial Contracts first published in 1994 and in a second edition in 2004, are taken by legislators worldwide as a model for contract law reform and increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. The UNIDROIT Principles are particularly useful to parties when negotiating and drafting international contracts. The new edition of the Principles, UNIDROIT Principles 2010, prepared by a group of experts from all over the world including representatives of numerous international organizations and arbitration centers. The UNIDROIT Principles 2010 contain new provisions on restitution in case of failed contracts, illegality, conditions, and plurality of obligors and obligees, while with respect to the text of the 2004 edition the only significant changes made relate to the Comments to Article 1.4.
판례를 통해 본 중국의 전자상거래와 관련한몇 가지 문제에 관한 연구
이시환(Lee, Shie Hwan) 韓國貿易商務學會 2010 貿易商務硏究 Vol.47 No.-
The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.
Air-barrier형 perimeter-less 공조시스템의 최적적용을 위한 시스템 제어특성에 관한 연구
이시환(Lee Si-Hwan),이정재(Yee Jurng-Jae),양기영(Yang Ki-Young) 대한건축학회 2007 대한건축학회 학술발표대회 논문집 - 계획계/구조계 Vol.27 No.1
Recently, development of system that improve thermal comfort environments in perimeter zone is increasing. Nevertheless, it is actuality that there is no optimum design guidelines for the system. For improvement of this problem, the purpose of this study is to provide optimum control guidelines on the air-barrier system(ABS). Firstly, we analyzed heat flux model through window and examined sol-air temperature about azimuth different. Secondly, we analyzed dynamic operation characteristic of the system using the yearly outdoor air temperature in Korea. The results indicate that velocity control is important to converse energy and to maintain thermal comfort environment on air-barrier system.