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Article
Publication date: 27 February 2020

Sang Man Kim

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the…

Abstract

Purpose

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.

Design/methodology/approach

This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.

Findings

The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.

Practical implications

The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.

Originality/value

This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

Details

Journal of International Trade Law and Policy, vol. 19 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 11 September 2017

Byung Mun Lee

The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a…

Abstract

Purpose

The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law.

Design/methodology/approach

In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts.

Findings

The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance.

Originality/value

This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

Details

Journal of Korea Trade, vol. 21 no. 3
Type: Research Article
ISSN: 1229-828X

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

88270

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 June 1991

Abbass F. Alkhafaji

The study of international business has become increasinglyimportant in recent years. So important that the American Assembly ofthe Collegiate Schools of Business (AACSB) has…

3932

Abstract

The study of international business has become increasingly important in recent years. So important that the American Assembly of the Collegiate Schools of Business (AACSB) has called for the internationalisation of business curricula. In 1992 and beyond, successful business people will treat the entire world as their domain. No one country can operate in an economic vacuum. Any economic measures taken by one country can affect the global economy. This book is designed to challenge the reader to develop a global perspective of international business. Globalisation is by no means a new concept, but there are many new factors that have contributed to its recently accelerated growth. Among them, the new technologies in communication and transport that have resulted in major expansions of international trade and investment. In the future, the world market will become predominant. There are bound to be big changes in the world economy. For instance the changes in Eastern Europe and the European Community during the 1990s. With a strong knowledge base in international business, future managers will be better prepared for the new world market. This book introduces its readers to the exciting and rewarding field of international management and international corporations. It is written in contemporary, easy‐to‐understand language, avoiding abstract terminology; and is organised into five sections, each of which includes a number of chapters that cover a subject involving activities that cross national boundaries.

Article
Publication date: 1 March 1995

Roger Stuart

Describes research into managers′ experiences of significantorganizational change attempts. The research project was aimed atdeveloping frameworks which: describe, illuminate and…

5748

Abstract

Describes research into managers′ experiences of significant organizational change attempts. The research project was aimed at developing frameworks which: describe, illuminate and enable a better understanding of managers′ journeys through organizational change; serve as a template for bringing together the very diverse and fragmented literature relating to individuals experiencing change; highlight issues and pointers for the design and facilitation of effective organizational change initiatives. The first part describes the context, spirit, intentions, sample and methodology of the research. Also, reviews a broad range of literature which can inform our understanding of individuals in change. Propounds the need to open up the “real world” of organizational change, as perceived and experienced by managers, rather than any “ideal” view of how that world is desired or supposed to be. Presents and discusses research findings on the sensed and initiating “primary” triggers for change‐that is, the formal and communicated organizational change objectives; and the perceived and felt “secondary” triggers for change‐that is, the issues raised by, and the implications of, the organizational changes for individual managers. The second part presents a framework depicting the phases and components of managers′ journeys through organizational change. On the framework, the experience of managers can be located, in terms of their thoughts, feelings and behaviours, as the processes of change unfold. While each manager′s journey was found to be unique, the framework proved to be ubiquitous in enabling the mapping of all the managers′ journeys, and it also accommodates literature on phenomena as diverse as learning, personal transition, catastrophe and survival, trauma and stress, loss and “death”, and worry and grief. The findings emphasize the profoundness and deeply felt emotionality of many managers′ experiencing of change in organizations. Finally, identifies the outcomes of managers′ journeys through significant attempts at organizational change. Also presents the reported helping and hindering factors to those journeys. Implications of these findings are pursued, particularly in terms of the leadership and development roles and behaviours required, if the organization and its management are to move beyond simply requiring change towards actively facilitating its achievement.

Details

Personnel Review, vol. 24 no. 2
Type: Research Article
ISSN: 0048-3486

Keywords

Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2049

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 March 1992

Awad B. El‐Haddad and Mohammad A. Almahmeed

There has been a growing interest among banks and financialinstitutions in encouraging bank customers to use automatic tellermachines (ATMs). This study attempts to identify…

Abstract

There has been a growing interest among banks and financial institutions in encouraging bank customers to use automatic teller machines (ATMs). This study attempts to identify customers′ awareness, usage patterns, reasons for using (not using) ATMs, new services required, as well as problems associated with using ATMs in Kuwait. Significant differences in attitudes and opinions among age, nationality, marital status, occupation, income, and educational level groups are also reported. Implications of the study are suggested regarding the role of electronic technologies in marketing developent. Identifies some specific marketing strategy considerations designed to ensure retail customers′ acceptance and usage of ATMs. In addition, reports recommendations for further research.

Details

International Journal of Bank Marketing, vol. 10 no. 3
Type: Research Article
ISSN: 0265-2323

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1371

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

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