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학술논문무역연구2021.02 발행

UNILEX 판례분석과 계약당사자의 책임체계에 관한 PICC의 법적 기준

Legal Case Analysis in UNILEX and Legal Standards for the Responsibility of Contracting Parties under PICC

김영섭(대구대학교 무역학과); 심종석(대구대학교); 유혜영(대구대학교 무역학과)

17권 1호, 305~322쪽

초록

Purpose - The purpose of this study is to the analysis of citation index and legal standards for the responsibility of contracting parties under PICC. that are determined thereunder in order to provide academic implication to enhance the appropriate utilization thereof. Design/Methodology/Approach - This paper uses the literature research in PICC. Findings - The legal standards for the responsibility of contracting parties under PICC. Research Implications - This study focused on legal cases for PICC integrated into UNILEX. Its contents are analyzed for the main features, subdivided by the frequency of references to case-specific PICC articles, and extrapolated the legal standards of ranking PICC articles to present the results. This study aims to enhance the foreseeability and legal stability of disputes arising from the responsibility system of contracting parties in international commercial contract. Top Citation frequency in PICC’ articles are following; good faith and fair dealing, definition of hardship, intention of the parties, interest for failure to pay money, relevant circumstances, certainty of harm, force majeure, effects of hardship, right to terminate the contract, full compensation, inconsistent behavior, co-operation between the parties, right to damages, freedom of contract, interpretation of statements and other conduct, mitigation of harm, foreseeability of harm, agreed payment for non-performance, usages and practices, negotiations in bad faith, all terms to be given effect, contract to be observed and so on.

Abstract

Purpose - The purpose of this study is to the analysis of citation index and legal standards for the responsibility of contracting parties under PICC. that are determined thereunder in order to provide academic implication to enhance the appropriate utilization thereof. Design/Methodology/Approach - This paper uses the literature research in PICC. Findings - The legal standards for the responsibility of contracting parties under PICC. Research Implications - This study focused on legal cases for PICC integrated into UNILEX. Its contents are analyzed for the main features, subdivided by the frequency of references to case-specific PICC articles, and extrapolated the legal standards of ranking PICC articles to present the results. This study aims to enhance the foreseeability and legal stability of disputes arising from the responsibility system of contracting parties in international commercial contract. Top Citation frequency in PICC’ articles are following; good faith and fair dealing, definition of hardship, intention of the parties, interest for failure to pay money, relevant circumstances, certainty of harm, force majeure, effects of hardship, right to terminate the contract, full compensation, inconsistent behavior, co-operation between the parties, right to damages, freedom of contract, interpretation of statements and other conduct, mitigation of harm, foreseeability of harm, agreed payment for non-performance, usages and practices, negotiations in bad faith, all terms to be given effect, contract to be observed and so on.

발행기관:
한국무역연구원
DOI:
http://dx.doi.org/10.16980/jitc.17.1.202102.305
분류:
무역학일반

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UNILEX 판례분석과 계약당사자의 책임체계에 관한 PICC의 법적 기준 | 무역연구 2021 | AskLaw | 애스크로 AI