Relevant bibliographies by topics / Korean civil code

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Academic literature on the topic 'Korean civil code'

Author: Grafiati
Published: 28 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Korean civil code"

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JeongJongHyu. "Codification of Korean Civil Code." 법사학연구 ll, no. 40 (October 2009): 7–42. http://dx.doi.org/10.31778/lawhis..40.200910.7.

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Lee, Hee-Jeong. "The Tension Between Cultural Codes in South Korean Civil Society: The Case of the Electronic National Identification Card." Cultural Sociology 12, no. 1 (July 18, 2017): 96–115. http://dx.doi.org/10.1177/1749975517716047.

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This article applies a late-Durkheimian theoretical framework to civil society as a sphere of solidarity in order to identify cultural codes and to explore their role in integrating or dividing members of South Korean civil society entering an information age coincident with processes of democratization. A policy debate relating to information, a debate over the Electronic National Identification Card, is used to show the co-existence of, and conflicts between, a ‘developmental code’ based on economic growth deriving from the authoritarian period of state-sponsored capitalism, and a later ‘democratic code’ based on human rights. This article argues that while the values of a ‘democratic code’ are becoming more dominant in the recent South Korean civil sphere, their validity is continuously challenged. The case also provides evidence that democratization and informatization can operate in tandem to establish dominance of the democratic code in public discourse in the South Korean civil sphere.
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Kim, Sang Man. "A comparative study of the CISG and the North Korean contract law as to formation of a contract." Journal of International Trade Law and Policy 19, no. 1 (February 27, 2020): 36–50. http://dx.doi.org/10.1108/jitlp-07-2019-0046.

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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.
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Dae-Sung Yoon. "The Structure of the Korean Civil Code -Suggestions for the Amendment of the Civil Code-." 법과정책 16, no. 2 (August 2010): 183–202. http://dx.doi.org/10.36727/jjlpr.16.2.201008.008.

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최수정. "A Reappraisal of Article 397 of Korean Civil Code." Korean Lawyers Association Journal 59, no. 9 (September 2010): 60–97. http://dx.doi.org/10.17007/klaj.2010.59.9.002.

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Jae-Hyoun Chang. "A study of Set-off of the korean civil code." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 28 (June 2008): 507–34. http://dx.doi.org/10.17248/knulaw..28.200806.507.

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Kim, Cheol-soo. "The Obligee’s Right of Subrogation in the Revised Japanese Civil Code and the Revision of the Korean Civil Code." Northeast Asian law journal 13, no. 2 (September 30, 2019): 23–56. http://dx.doi.org/10.19035/nal.2019.13.2.2.

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이무상. "CODE OF CIVIL PROCEDURE - Translation Book Ⅰ in Korean (Part 1) -." Dankook Law Riview 40, no. 1 (March 2016): 237–98. http://dx.doi.org/10.17252/dlr.2016.40.1.009.

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이무상. "CODE OF CIVIL PROCEDURE - Translation Book Ⅰ in Korean (Part 2)." Dankook Law Riview 40, no. 2 (June 2016): 383–444. http://dx.doi.org/10.17252/dlr.2016.40.2.015.

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Young-Hee KIM. "Roman Water Law and Water Provisions of the Korean Civil Code." 법사학연구 ll, no. 53 (April 2016): 263–311. http://dx.doi.org/10.31778/lawhis..53.201605.263.

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Dissertations / Theses on the topic "Korean civil code"

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Park, Mi Young. "Zákonná úprava nájemního bydlení v korejském a českém občanském zákoníku." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-445768.

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Legal regulations of rental housing in the Korean and Czech civil code ABSTRACT (English) This diploma thesis is focused on the comparison of Korean and Czech civil code regulations within the field of rental housing. The first part of the thesis concentrates on the development and characteristics of the civil code in Korea, with the emphasis on civil rights, society and history in comparison with the Czech Republic. The changes in the civil rights will be referenced to key influences such as social conventions, politics, etc. Furthermore, the thesis will compare changes in the legislation of rental housing in both countries. This part of the dissertation will also mention a general introduction to the housing standards, social relations and its respective regulations that have been derived in the respective countries' law. The third and fourth parts of the thesis bring a summary on how the two compared civil acts regulate the relationship of the landlord/lessor and the tenant. The unique regulation Chonse is introduced as well as the explanation of the reasons for its creation. The last part is devoted to the explanation of different methods of these countries used to protect the tenant. KEYWORDS Rental housing, Chonse, Korean civil code
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Books on the topic "Korean civil code"

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Chaudhry, Muhammad Sharif. Code of Islamic laws: The criminal and civil laws of Islam directly deduced from the Qurʼan ... Lahore: Impact Publications International, 1997.

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Mi kunjŏng sidae (1945-1948) ŭi Han'guk minpŏpchŏn p'yŏnch'an saŏp: Lobingiŏ (Lobingier, C) ŭi Han'guk minpŏpchŏn ch'oan (Proposed civil code for Korea, 1949) punsŏk. Kyŏnggi-do P'aju-si: Han'guk Haksul Chŏngbo, 2009.

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France. The Code Napoleon: Verbally translated from the French to which is prefixed an introductory discourse, containing a succinct account of the civil regulations, comprised in the Jewish law, the ordinances of Menu, the Ta Tsing Leu Lee, the Zend Avesta, the laws of Solon, the twelve tables of Rome, the laws of the Barbarians, the Assises of Jerusalem, and the Koran. Clark, N.J: Lawbook Exchange, 2003.

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France. The Code Napoleon: Verbally translated from the French to which is prefixed an introductory discourse, containing a succinct account of the civil regulations, comprised in the Jewish law, the ordinances of Menu, the Ta Tsing Leu Lee, the Zend Avesta, the laws of Solon, the twelve tables of Rome, the laws of the Barbarians, the Assises of Jerusalem, and the Koran. Holmes Beach, Fla: Gaunt, 1999.

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Youngjoon, Kwon. Contract Formation and Third Party Beneficiaries in Korea. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0014.

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This chapter 14 discusses the rules on contract formation and third party beneficiaries in Korea. These can be found in the Korean Civil Code of 1960 that is closely modelled on the Japanese Civil Code, therefore many of its solutions can be ultimately traced back to German law. For a binding contract to be made, Korean law only requires an agreement which is normally constituted by an offer and a matching acceptance; there is no requirement of consideration, and as a general rule there is freedom of form—only limited statutory exceptions impose formal requirements for specific types of contract. Offers must be sufficient and sufficiently definite, and they must be made with the intention to be legally bound. They become effective once they reach the offeree. After that they are, in principle, irrevocable—a position only slightly softened by a 2014 Ministry of Justice draft amendment. The draft also suggests abolishing the common law-style ‘mailbox rule’ that the Code inherited from the Japanese Civil Code.
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Suhn-Kyoung, Hong, and Cheong Seong-Koo. 30 South Korea. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0030.

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This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.
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Calabresi, Steven Gow. The History and Growth of Judicial Review, Volume 2. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.001.0001.

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This second volume builds on the story of Volume I as to the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union. In addition to discussing the judicial review systems of the major civil law countries in this Volume, I also discuss the birth and growth in power of the European Court of Justice and of the European Court of Human Rights, both of which hear cases ffrom common law as well as civil law countries. This Volume considers the four major theories that help to explain the origins of judicial review, which I discussed as to common law countries. Volume II identifies which theories of the origination and growth in power of judicial review apply best in the various countries discussed. Volume II considers not only what gives rise to judicial review originally, but also what leads to the growth of judicial power over time. My positive account of what causes the birth and growth of judicial review in so many very different countries over such a long period of time may have normative implications for those constitution writers who want a strong form of judicial review to come into being.
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Book chapters on the topic "Korean civil code"

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"The Making of the Constitution and the Civil Code in Postliberation Korea." In The Spirit of Korean Law, 175–201. Brill | Nijhoff, 2016. http://dx.doi.org/10.1163/9789004306011_009.

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Hwang, Jong-Gyu, and Hyun-Jeong Jo. "Automatic Static Software Testing Technology for Railway Signaling System." In Advances in Civil and Industrial Engineering, 232–49. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0084-1.ch011.

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In accordance with the development of recent computer technology, the railway system is advancing to be flexible, automatic and intelligent. In addition, many functions of railway signaling which are cores to the railway system are being operated by computer software. Recently, the dependency of railway signaling systems on computer software is increasing. The testing to validate the safety of the railway signaling system software is becoming more important, and related international standards for inspections on the static analysis based source code and dynamic test are a highly recommended (HR) level. For this purpose, studies in relation to the development of source code analysis tools were started several years ago in Korea. To verify the applicability of validation tools developed as a part of these studies, the applicability test was performed for the railway signaling system being applied to the Korean domestic railway. This automated testing tool for railway signaling systems can also be utilized at the assessment stage for railway signaling system software, and it is anticipated that it can also be utilized usefully at the software development stage. This chapter drew the result of the application test for this actual source code of the railway signaling system being applied to railway sites and analyzed its result.
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Park, Inhwan. "The new adult guardianship system in the proposed amendment of the Korean Civil Code." In Adult Guardianship Law for the 21st Century, 311–23. Nomos Verlagsgesellschaft mbH & Co. KG, 2013. http://dx.doi.org/10.5771/9783845246734-311.

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Kim, Byungil. "Contributory trademark infringement liability of online open market operators based on the civil code in Korea." In Annotated Leading Trademark Cases in Major Asian Jurisdictions, 331–39. Routledge, 2019. http://dx.doi.org/10.4324/9780429316395-28.

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"The little orange tree grew." In Stirring the Pot of Haitian History, edited by Mariana Past and Benjamin Hebblethwaite, 75–118. Liverpool University Press, 2021. http://dx.doi.org/10.3828/liverpool/9781800859678.003.0006.

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The sixth chapter likens the Haitian Revolution to a cockfight and begins to question Toussaint Louverture’s uses of power. By January 26, 1801 Toussaint has become the dominant cock, largely due to his huge political organization in the Northern provinces. A hint of reproach echoes in the discourse of narrator Grinn Prominnin because of the unacknowledged debt owed by Toussaint to the masses of formerly enslaved people who participated in the Revolution. At this point the black rebels were often insufficiently armed or were pitted against one another. Some fought for personal interests, others on more general terms; the result was a weakened position. Their advantage lay in their sheer numbers and common determination to become free. In 1793 Toussaint tapped into this energy by declaring the goal of universal freedom and liberty for Saint-Domingue, a political and tactical move that assured the former enslaved people’s loyalty to him. Once his organization solidified, he allied himself with French forces, against the Spanish and British (on whose side other rebel leaders were fighting). By 1795, Spain was defeated, and Saint-Domingue was controlled by three sectors: the new French political commissioner (Lavaud), the freedmen (Vilatte, Beauvais, and Rigaud), and Toussaint’s army. Major contradictions—economic, political, and military—divided the masses from the leaders in the latter group; often the former enslaved people were forced to work the land for the benefit of the revolutionary generals. Meanwhile, both inside and outside of Saint-Domingue, people began to distrust the paper money issued by the revolutionary state, and its value decreased. The war in the South took form, with Toussaint positioned against Rigaud. France’s third civil commissioner, Sonthonax, arrived in 1796 and was determined to crush the British and the mulatto generals’ troops. Sonthonax named Toussaint the leading general and Rigaud an outlaw. But Toussaint had Sonthonax expelled from Saint-Domingue the following year due to their several disagreements (including the fact that Sonthonax promoted Moyse Louverture to the rank of general, passing over several other leaders in Toussaint’s army). Meanwhile, in France, the political situation was becoming more conservative, and Toussaint feared that the former colonists would return to seize their property. In a dog-eat-dog society, every class has economic, political, and ideological interests; the freedmen and newly freed slaves were at odds. Toussaint subsequently repulsed Hédouville (who was sent by France as an agent of the Directory, charged with implementing reforms) and fought a vicious war in the South against Rigaud, the dominant mulatto general, thus deepening the racial divisions in the general population. Although Rigaud took a racial approach himself, Toussaint’s demagogy encouraged this social poison to pit the masses of formerly enslaved people against the mixed-race people, a problem reflecting Haiti’s hereditary ideological disease. Toussaint’s primary interests were commerce, money and the trappings of power. So intent was Toussaint on keeping Saint-Domingue afloat economically that he imposed strictures on the formerly enslaved people through a “rural work code,” forcing them to either remain on the same plantations where they had previously toiled or face severe punishment (including death). The idea of “freedom for all” thus began to lose its meaning. England and the United States began to exert pressure on Saint-Domingue as well. Before the War of the South between Toussaint and Rigaud, blacks and mixed-race people were allied against France, but afterwards each group sought its own type of Haitian independence. The beginning of the end of Toussaint’s power came about when the rebel leader fell into the Rigaud’s trap in the afè Koray [Corail Affair]; he nevertheless continued to fight for several more years. Toussaint’s leadership style moved to demagogy, and after 1799, plots mushroomed everywhere against him. The other rebel general, Jean-Jacques Dessalines, did not play upon social tensions in the same way that Toussaint did: instead of using race as a wedge issue, he allowed a group of mixed race people to join the rebel army, which raised everyone’s spirits and frightened the enemy. Toussaint’s organization was closer to the interests of the masses than Rigaud’s. With Dessalines, he convinced several maroon groups to fight against Rigaud; Dessalines won the South soon afterwards. The war of the South helped advance the larger revolution in Saint-Domingue. Once Rigaud was defeated, Toussaint was the only serious cock in the former colony. Freedom for everyone was the main interest of his organization, and he unified the country around it; Dessalines and Pétion ultimately worked together to help repulse Leclerc’s invasion of 1802. The freedmen’s advantage was blunted before they could take advantage of others. The former slaves grew stronger as a result. Despite Toussaint’s demagogy, the revolution was holding strong; though Toussaint still occupied a position of authority, there remained many contradictions in his camp.
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"All in all, the CISG has met with resounding acceptance around the globe. Today, the CISG counts 67 Contracting States among its members, covering more than 70 per cent of global trade and production of goods; of the 50 leading exporters and importers in world merchandise, over 60 per cent are Contracting States to the CISG. Of those large industrial nations that are not yet Contracting States to the CISG, notably the UK, Japan and Korea, both internal and external pressure to ratify is rising. Currently, approximately 1,300 court and arbitral decisions decided under the CISG have been handed down from 32 judicial instances, and more than 6,500 academic publica-tions exist in 24 languages. This is in addition to the numerous conferences and other forms of academic discourse dealing with the Convention, most notably the CISG Advisory Council, a global body of CISG and international sales law experts that meets on a regular basis to discuss the significant developments in the field of international sales law and aims at promoting the uniform interpretation of the CISG. Perhaps the most tangible success of the CISG can be seen in the number of domestic sales laws that have used it as a model. Notably, many Scandinavian countries have used the CISG as the background for the modification of their domestic sales laws, as did Germany in its 2002 Schuldrechtsreform (Revision of the Law of Obligations) and The Netherlands in drafting the Law of Obligations in the Wetboek (Civil Code). Furthermore, many of the former Socialist states in Eastern Europe, including Estonia, the Czech Republic and Croatia, are also basing the re-development of their private and domestic sales and com-mercial laws on CISG concepts. Completing the CISG’s global impact is the reform of the Chinese private law. The New Code of Obligations of China has adopted many legal concepts and institutions promulgated in the CISG and the drafters have confirmed using the CISG as a source of inspiration in this regard. In addition, not only domestic sales laws, but also, increasingly, regional and inter-national principles are availing themselves of CISG principles to guide their drafting. The general approach of the Principles for International Commercial Contracts drafted by UNIDROIT (the UNIDROIT Principles) and the Principles of European Contract Law, which are intended to pave the way for a European or an international law of contract, can be traced back to the CISG. The same is true of the European Directive on Consumer Sales, which mirrors the concepts of conformity and non-conformity set out in the CISG. Furthermore, the OHADA, a union of 16 African states, has adopted a common sales law, which follows the CISG almost to the letter. Efforts at unification of the law are often met with the criticism that the unique peculiarities and historical variety of local laws are thereby ‘bulldozed’ by an all-consuming ‘international’ law. This is not the intention of the CISG. It certainly aims to provide a certain, uniform and consistent basis for defining the scope and obligations of international sales contracts for those states that have declared their intention to be bound by it. Moreover, the CISG serves as a stimulus for the development, revision and interpretation of domestic laws, under consideration and in awareness of genuine international concepts, which can only be of benefit to the states concerned." In International Sales Law, 62–63. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203945445-29.

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