论民法上处分行为之独立性

朱建農(Zhu, Jian-nong) , 权 , 承文(Quan, Cheng-wen) 조선대학교 법학연구원 2011 法學論叢 Vol.18 No.1

“처분행위”의 개념과 “처분행위독립”원칙은 독일에서의 오랜기간 민법학 연구와 입법실무의 성과이며 독일민법의 특색을 체현하고 있다. 처분행위의 개념과 유관 제도는 시장경제체제하의 민법의식 자유원칙 방면에서 강력한 도구적인 작용을 한다. 이 개념과 제도는 대륙법계민법에 중요한 영향을 일으켰으며 현대 모든 대륙법계민법학에서 중시를 돌리지 않으면 안될 위치에 이르렀다. 중국에선 지난세기 말부터 민법전 입법작업을 시작 처분행위의 이론문제에 관하여 십여년의 토론을 지속하여 왔지만 여러 가지 원인으로 이 이론에 관한 연구는 중국에서 기로에 들어설 위험에 봉착하였는바 그로 인한 입법도 불명확한 현상이 출현하였는데 이런 현상은 법학이론계의 응당한 중시를 일으켜야 하는 바이다. 비록 주도적인 이론은 물권행위의 독자성을 승인하지 않지만 입법은 “처분”개념을 대량적으로 사용하고 있으며 이미 대량적인 실제적인 “처분행위”성질의 법률행위를 규정하고 있다. 이런 상황에서 법학은 제도구조 본신의 합리성을 진지하게 검토해야 하며 의도적인 법률개념 곡해를 통해 입법상의 모순과 결함을 해석하려 해서는 안된다. 이로써 아직도 중국의 민법이론과 입법과정에는 일부 위기가 잠재해 있음을 알 수 있다. 혹은 이런 위기가 중국법학자들의 실무과정에서 이미 나타가고 있는데도 그것을 인정하지 않을 뿐이다. 물론 독립처분행위의 개념이 실제 판결과정에서 승인을 받고 이론상의 혼란을 수정하는데 관하여 입법 혹은 사법기관의 공식적인 법률문서가 필요할 뿐만 아니라 명확한 문자설명으로 새롭게 규범화 하여야만 비로소 민법체계의 완정성과 조화로움을 유지할수 있다. 이글에서는 주로 중국민법의 처분행위 독립원칙에 대한 합리적인 태도를 논하는바 사실기초, 논리의 정책기초, 체계상의 논리요구 등 세 가지 측면에서 중국민법학에서 처분행위의 독립성 응당한 의의를 회복하고 중국민법학에서 처분행위와 부담행위의 분리를 승인할 것을 제시 하는바 이는 현실적인 의의 뿐만 아니라 현행입법의 기초이기도 하기 때문이다. The concept of “Verfügungsgeschäfte” in German law is similar with the “act of disposition”. The establishment of the concept of “Verfügungsgeschäfte” and the doctrine of independence of Verfügungsgeschäfte reflecting the characteristics of German law are the great achievements of legislative practice of civil law and the success of law study in Germany. The rules and the concept related to the Verfügungsgeschäfte represent the principle of private autonomy in the market economy. In China, it is more than decade that the theory of Verfügungsgeschäfte has been argued since the beginning of the drafting of the Civil Code, but this result is still ambiguous now. In this essay, the authors holds an idea that the essential and original meaning of Verfügungsgeschäfte and the doctrine of independence of Verfügungsgeschäfte in Chinese civil law should be rediscovered and upheld. This essay consists of four parts. The first part presents a brief introduction to the concept of Verfügungsgeschäfte in Geman civil law and its exact meaning, and reveals its origin of Roman law through describing the evolution of the concept. Up to the end of 19th century when German Civil Law was drown up, the doctrine of distinction between Verfügungsgeschäfte and Verpflichtungsgeschäfte was accepted. But until the beginning of the 20th century that the precise interpretation of the Verfügungsgeschäfte was not brought to light. Later, this doctrine spreaded wide in the countries of civil law system such as Switzerland and previous ROC, etc. The concept of Verfügungsgeschäfte is attached importance in Japanese academy too, although it does not appear in Japanese Civil Law. But, what is the base or reason of distiguishing Verfügungsgeschäfte from Verpflichtungsgeschäfte? Some people think that it’s the distiction between real rights and claims, and other people think the difference of the effects of the lagel acts. This essay holds the latter, as both claims rights and dominance rights may be the objects of Verfügungsgeschäfte. So we can say that the distiguishing between real rights and claims cannot directly lead to that between Verfügungsgeschäfte and Verpflichtungsgeschäfte. In the second part, the authors discuss the relation between Verfügungsgeschäfte and right of disposition(Zuständigkeit des Verfügenden) and, further, various types of Verfügungsgeschäfte. The authors divide the Verfügungsgeschäfte into four types in accordance with the effects of Verfügungsgeschäfte. The third part is the main body of this essay. In this part, the authors introduce the present situation of Chinese legislation of civil law. There are three types of rules related to Verfügungsgeschäfte in Chinese law. The first, Real Right Law and Contract Law of China have set some rules about the legal acts which have substantial nature of Verfügungsgeschäfte, such as the transfering of earnest money and borrowing materials, giving up of rights and offsetting of debts, and performing obligation by third party, ect.. The second, there is a great number of rules in laws with the concept of Verfügungsgeschäfte. The third, there are some rules about legal acts analogous with the Verfügungsgeschäfte. The last part of the essay is the conclusion: the doctrine of independence of Verfügungsgeschäfte should beaccepted in China civil law. This conclusion is based on some reasons. The first reason is that the objective differences of the intention expressions should be recognized, and the second one, the principle of private autonomy, including the freedom of disposition of rights, as a legal ethic and legislative policy in market economy should be respected. What’s more, the recognition of the independence of

RAR‐Related Orphan Receptor Gamma (ROR‐γ) Mediates Epithelial‐Mesenchymal Transition Of Hepatocytes During Hepatic Fibrosis

Kim, Sung Min,Choi, Jung Eun,Hur, Wonhee,Kim, Jung&#x2010,Hee,Hong, Sung Woo,Lee, Eun Byul,Lee, Joon Ho,Li, Tian Zhu,Sung, Pil Soo,Yoon, Seung Kew John Wiley and Sons Inc. 2017 Journal of cellular biochemistry Vol.118 No.8

<P><B>ABSTRACT</B></P><P>The epithelial‐mesenchymal transition (EMT) is involved in many different types of cellular behavior, including liver fibrosis. In this report, we studied a novel function of RAR‐related orphan receptor gamma (ROR‐γ) in hepatocyte EMT during liver fibrosis. To induce EMT in vitro, primary hepatocytes and FL83B cells were treated with TGF‐β1. Expression of ROR‐γ was analyzed by Western blot in the fibrotic mouse livers and human livers with cirrhosis. To verify the role of ROR‐γ in hepatocyte EMT, we silenced ROR‐γ in FL83B cells using a lentiviral short hairpin RNA (shRNA) vector. The therapeutic effect of ROR‐γ silencing was investigated in a mouse model of TAA‐induced fibrosis by hydrodynamic injection of plasmids. ROR‐γ expression was elevated in hepatocyte cells treated with TGF‐β1, and ROR‐γ protein levels were elevated in the fibrotic mouse livers and human livers with cirrhosis. Knockdown of ROR‐γ resulted in the attenuation of TGF‐β1‐induced EMT in hepatocytes. Strikingly, ROR‐γ bound to ROR‐specific DNA response elements (ROREs) in the promoter region of TGF‐β type I receptor (Tgfbr1) and Smad2, resulting in the downregulation of Tgfbr1 and Smad2 after silencing of ROR‐γ. Therapeutic delivery of shRNA against ROR‐γ attenuated hepatocyte EMT and ameliorated liver fibrosis in a mouse model of TAA‐induced liver fibrosis. Overall, our results suggest that ROR‐γ regulates TGF‐β‐induced EMT in hepatocytes during liver fibrosis. We suggest that ROR‐γ may become a potential therapeutic target in treating liver fibrosis. J. Cell. Biochem. 118: 2026–2036, 2017. © 2016 The Authors. <I>Journal of Cellular Biochemistry</I> Published by Wiley Periodicals Inc.</P>

Upstream kinases of plant Sn RK s are involved in salt stress tolerance

Barajas&#x2010,Lopez, Juan de Dios,Moreno, Jose Ramon,Gamez&#x2010,Arjona, Francisco M.,Pardo, Jose M.,Punkkinen, Matleena,Zhu, Jian&#x2010,Kang,Quintero, Francisco J.,Fujii, Hiroaki John Wiley and Sons Inc. 2018 The Plant journal Vol.93 No.1

<▼1><P><B>Summary</B></P><P>Sucrose non‐fermenting 1‐related protein kinases (SnRKs) are important for plant growth and stress responses. This family has three clades: SnRK1, SnRK2 and SnRK3. Although plant SnRKs are thought to be activated by upstream kinases, the overall mechanism remains obscure. Geminivirus Rep‐Interacting Kinase (GRIK)1 and GRIK2 phosphorylate SnRK1s, which are involved in sugar/energy sensing, and the <I>grik1‐1 grik2‐1</I> double mutant shows growth retardation under regular growth conditions. In this study, we established another Arabidopsis mutant line harbouring a different allele of gene <I>GRIK1</I> (<I>grik1‐2 grik2‐1</I>) that grows similarly to the wild‐type, enabling us to evaluate the function of GRIKs under stress conditions. In the <I>grik1‐2 grik2‐1</I> double mutant, phosphorylation of SnRK1.1 was reduced, but not eliminated, suggesting that the <I>grik1‐2</I> mutation is a weak allele. In addition to high sensitivity to glucose, the <I>grik1‐2 grik2‐1</I> mutant was sensitive to high salt, indicating that GRIKs are also involved in salinity signalling pathways. Salt Overly Sensitive (SOS)2, a member of the SnRK3 subfamily, is a critical mediator of the response to salinity. GRIK1 phosphorylated SOS2 <I>in vitro</I>, resulting in elevated kinase activity of SOS2. The salt tolerance of <I>sos2</I> was restored to normal levels by wild‐type SOS2, but not by a mutated form of SOS2 lacking the T168 residue phosphorylated by GRIK1. Activation of SOS2 by GRIK1 was also demonstrated in a reconstituted system in yeast. Our results indicate that GRIKs phosphorylate and activate SnRK1 and other members of the SnRK3 family, and that they play important roles in multiple signalling pathways <I>in vivo</I>.</P></▼1><▼2><P><B>Significance Statement</B></P><P>Since plants face diverse, often coincidental stresses throughout their lifetime, they have to integrate multiple signals to organize growth, development and stress responses. This work shows that GRIKs, which are essential players in sugar signalling pathway as upstream kinases of SnRK1s, also work in salt tolerance of Arabidopsis and identified SOS2, a SnRK3, as a potential substrate of GRIKs in the salinity signalling pathway.</P></▼2>

Combining In Situ Synchrotron X‐Ray Diffraction and Absorption Techniques with Transmission Electron Microscopy to Study the Origin of Thermal Instability in Overcharged Cathode Materials for Lithium‐Ion Batteries

Nam, Kyung&#x2010,Wan,Bak, Seong&#x2010,Min,Hu, Enyuan,Yu, Xiqian,Zhou, Youngning,Wang, Xiaojian,Wu, Lijun,Zhu, Yimei,Chung, Kyung&#x2010,Yoon,Yang, Xiao&#x2010,Qing WILEY‐VCH Verlag 2013 Advanced Functional Materials Vol.23 No.8

<P><B>Abstract</B></P><P>The thermal instability of the cathode materials in lithium‐ion batteries is an important safety issue, requiring the incorporation of several approaches to prevent thermal runaway and combustion. Systematic studies, using combined well‐defined in situ techniques, are crucial to obtaining in‐depth understanding of the structural origin of this thermal instability in overcharged cathode materials. Here time‐resolved X‐ray diffraction, X‐ray absorption, mass spectroscopy, and high‐resolution transmission electron microscopy during heating are combined to detail the structural changes in overcharged Li<SUB><I>x</I></SUB>Ni<SUB>0.8</SUB>Co<SUB>0.15</SUB>Al<SUB>0.05</SUB>O<SUB>2</SUB> and Li<SUB><I>x</I></SUB>Ni<SUB>1/3</SUB>Co<SUB>1/3</SUB>Mn<SUB>1/3</SUB>O<SUB>2</SUB> cathode materials. By employing these several techniques in concert, various aspects of the structural changes are investigated in these two materials at an overcharged state; these include differences in phase‐distribution after overcharge, phase nucleation and propagation during heating, the preferred atomic sites and migration paths of Ni, Co, and Mn, and their individual contributions to thermal stability, together with measuring the oxygen release that accompanies these structural changes. These results provide valuable guidance for developing new cathode materials with improved safety characteristics.</P>

Signal transducer and activator of transcription 3 pathway mediates genipin‐induced apoptosis in U266 multiple myeloma cells

Lee, Jang Choon,Ahn, Kwang Seok,Jeong, Soo&#x2010,Jin,Jung, Ji Hoon,Kwon, Tae&#x2010,Rin,Rhee, Yun&#x2010,Hee,Kim, Sun&#x2010,Hee,Kim, Si&#x2010,Young,Yoon, Hwi&#x2010,Joong,Zhu, Shudong,Chen, Chang&# Wiley Subscription Services, Inc., A Wiley Company 2011 Journal of cellular biochemistry Vol.112 No.6

<P><B>Abstract</B></P><P>It has drawn a lot of attention to target signal transducer and activator of transcription 3 (STAT3) as a potential strategy for cancer therapeutics. Using several myelogenous cell lines, the effect of genipin (an active compound of Gardenia fruit) on the STAT3 pathway and apoptosis was investigated. Genipin suppressed the constitutive STAT3 activation in U266 and U937 cells and stimulated Src homology 2 domain‐containing phosphatase 1 (SHP‐1), which dephosphorylates and inactivates STAT3. Specifically, genipin blocked STAT3 activation via repressing the activation of c‐Src, but not Janus kinase 1 (JAK1). Genipin also downregulated the expression of STAT3 target genes including Bcl‐2, Bcl‐x<SUB>L</SUB>, Survivin, <I>Cyclin D1</I>, and VEGF. Conversely, protein tyrosine phosphatase inhibitor pervanadate blocked genipin induced STAT3 inactivation. Using DNA fragmentation or TUNEL assays, we demonstrated the apoptotic effect of genipin on U266, MM.1S, and U937 cells. Furthermore, genipin effectively potentiated the cytotoxic effect of chemotherapeutic agents, such as bortezomib, thalidomide, and paclitaxel in U266 cells. Our data suggest that through regulation of Src and SHP‐1, genipin antagonizes STAT3 for the induction of apoptosis in myeloma cells. J. Cell. Biochem. 112: 1552–1562, 2011. © 2011 Wiley‐Liss, Inc.</P>

<i>SPITZER</i>AS A MICROLENS PARALLAX SATELLITE: MASS AND DISTANCE MEASUREMENTS OF BINARY LENS SYSTEM OGLE-2014-BLG-1050L

Zhu (祝&#x4f1f,), Wei,Udalski, A.,Gould, A.,Dominik, M.,Bozza, V.,Han, C.,Yee, J. C.,Novati, S. Calchi,Beichman, C. A.,Carey, S.,Poleski, R.,Skowron, J.,Kozłowski, S.,Mró,z, P.,Pietrukowicz, P.,P IOP Publishing 2015 The Astrophysical journal Vol.805 No.1

<P>We report the first mass and distance measurements of a caustic-crossing binary system OGLE-2014-BLG-1050 L using the space-based microlens parallax method. Spitzer captured the second caustic. crossing of the event, which occurred similar to 10 days before that seen from Earth. Due to the coincidence that the source-lens relative motion was almost parallel to the direction of the binary-lens axis, the fourfold degeneracy, which was known before only to occur in single-lens events, persists in this case, leading to either a lower-mass (0.2 and 0.07 M-circle dot) binary at similar to 1.1 kpc or a higher-mass (0.9 and 0.35 M-circle dot) binary at similar to 3.5 kpc. However, the latter solution is strongly preferred for reasons including blending and lensing probability. OGLE-2014-BLG-1050 L demonstrates the power of microlens parallax in probing stellar and substellar binaries.</P>

Balancing antimicrobial performance with hemocompatibility in amphiphilic homopolymers

Zhu, Zhiyuan,Jeong, Gookyeong,Kim, Seung&#x2010,Jin,Gadwal, Ikhlas,Choe, Youngson,Bang, Joona,Oh, Min&#x2010,Kyu,Khan, Anzar,Rao, Jingyi John WileySons, Inc. 2018 Journal of polymer science Part A, Polymer chemist Vol.56 No.21

<P>This work establishes amphiphilic polymethacrylates as new antimicrobial candidates that can be synthesized through a combination of controlled free radical polymerization and sequential postpolymerization modification protocols. When conjugated with a polyethylene glycol segment, the block copolymers exhibit a balanced performance between high antibacterial activity and high hemocompatibility.</P>

Effects of the iron‐chelating agent deferoxamine on triethylene glycol dimethacrylate, 2‐hydroxylethyl methacrylate, hydrogen peroxide‐induced cytotoxicity

Zhu, Tingting,Lim, Bum&#x2010,Soon,Park, Hee Chul,Son, Kyung Mi,Yang, Hyeong&#x2010,Cheol Wiley Subscription Services, Inc., A Wiley Company 2012 Journal of Biomedical Materials Research Part B Vol. No.

<P><B>Abstract</B></P><P>Triethylene glycol dimethacrylate (TEGDMA) and 2‐hydroxylethyl methacrylate (HEMA) are known to deplete glutathione in mammalian cells, generate reactive oxygen species (ROS), and cause oxidative stress. In this study, we investigated whether hydroxyl radicals (·OH), the most lethal and genotoxic ROS, and the Fenton reaction are involved in the cytotoxicity of resin monomers to four different cell types, namely MC3T3‐E1 preosteoblasts, human dental pulp cells (HDPCs), human gingival fibroblasts, and L929 mouse fibroblasts. Deferoxamine (DFO), an iron chelating agent, effectively protected MC3T3‐E1 cells from resin monomer‐induced cytotoxicity, indicating that cytotoxicity was caused primarily by hydroxyl radicals. However, DFO only had a protective effect against relatively high concentrations of TEGDMA and HEMA in HDPCs and human gingival fibroblasts, and resin monomer‐induced cytotoxicity in L929 was not attenuated by DFO. A labile iron pool (LIP) was detectable only in MC3T3‐E1 cells among the four cell types. This indicates that the generation of hydroxyl radicals induced by resin monomers is likely dependent on LIP levels. In contrast to resin monomers, hydrogen peroxide (H<SUB>2</SUB>O<SUB>2</SUB>)‐induced cytotoxicity was not prevented by DFO in any of the cell types examined, although hydroxyl radicals were detected in MC3T3‐E1 cells and HDPCs on exposure to exogenous H<SUB>2</SUB>O<SUB>2</SUB>. This result suggests that generation of hydroxyl radicals is not always the primary cause of cytotoxicity in H<SUB>2</SUB>O<SUB>2</SUB>‐treated cells. © 2011 Wiley Periodicals, Inc. J Biomed Mater Res Part B: Appl Biomater, 2012.</P>

An Isolated Microlens Observed from <i>K2</i> , <i>Spitzer</i> , and Earth

Zhu, Wei,Udalski, A.,Huang, C. X.,Novati, S. Calchi,Sumi, T.,Poleski, R.,Skowron, J.,Mró,z, P.,Szyma&#x144,ski, M. K.,Soszy&#x144,ski, I.,Pietrukowicz, P.,Kozłowski, S.,Ulaczyk, K.,Pawlak, M.,Be American Astronomical Society 2017 ASTROPHYSICAL JOURNAL LETTERS - Vol.849 No.2

Numerical modeling of a spherical buoy moored by a cable in three dimensions

Zhu, X.,Yoo, W. S. CHINA MACHINE PRESS/ SPRINGER VERLAG 2016 Chinese journal of mechanical engineering Vol.29 No.3

<P>Floating facilities have been studied based on the static analysis of mooring cables over the past decades. To analyze the floating system of a spherical buoy moored by a cable with a higher accuracy than before, the dynamics of the cables are considered in the construction of the numerical modeling. The cable modeling is established based on a new element frame through which the hydrodynamic loads are expressed efficiently. The accuracy of the cable modeling is verified with an experiment that is conducted by a catenary chain moving in a water tank. In addition, the modeling of a spherical buoy is established with respect to a spherical coordinate in three dimensions, which can suffers the gravity, the variable buoyancy and Froude-Krylov loads. Finally, the numerical modeling for the system of a spherical buoy moored by a cable is established, and a virtual simulation is proceeded with the X- and Y-directional linear waves and the X-directional current. The comparison with the commercial simulation code ProteusDS indicates that the system is accurately analyzed by the numerical modeling. The tensions within the cable, the motions of the system, and the relationship between the motions and waves are illustrated according to the defined sea state. The dynamics of the cables should be considered in analyzing the floating system of a spherical buoy moored by a cable.</P>