國立高雄大學圖資館 |

Language: English

Back

A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.

Record Type:	Electronic resources : Monograph/item
Title/Author:	A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.
Author:	Visser, Amanda.
Published:	Ann Arbor : ProQuest Dissertations & Theses, 2021
Description:	42 p.
Notes:	Source: Masters Abstracts International, Volume: 83-07.
Notes:	Advisor: Fredericks, EA.
Contained By:	Masters Abstracts International83-07.
Subject:	Agreements.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28935421
ISBN:	9798762148429

A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.
Visser, Amanda.

A Comparison of Private International Law of Contract in the Republic of Korea and Turkey. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 42 p.

Source: Masters Abstracts International, Volume: 83-07.

Thesis (LL.M.)--University of Johannesburg (South Africa), 2021.

This item must not be sold to any third party vendors.

The Republic of Turkey and Korea have had good relations for many years. These relations are mainly rooted in the military support provided by Turkish troops to Korea, efforts made by the two states for bilateral cooperation especially in trade and investment and the efforts made for bilateral cooperation in other fields such as culture and politics, based on their close economic ties.An agreement on trade promotion and economic and technical cooperation between the two states was entered into on 6 December 1977. The preamble to the agreement states that:“The Government of the Republic of Korea and the Government of the Republic of Turkey, Being desirous of promoting the friendly relations already existing between the two countries and their peoples,Recognising the profound benefits to be derived by both countries from expansion of trade as well as closer economic and technical cooperation, Have agreed as follows: Further agreements have subsequently been entered into between the two states and in 2010, the Ministry of Foreign Affairs of Turkey, named Korea as Turkey’s second largest trading partner following China in the Far East.Both Korea and Turkey are Contracting States to the United Nations Convention on Contracts for the International Sale of Goods without any declarations or reservations. The CISG provides a modern and uniform regime for contracts for the international sale of goods. It therefore serves an important purpose of providing certainty for parties to such a contract, especially since contracts of sale are the backbone of international trade in all countries. The CISG only applies to international contracts pertaining to the sale of goods in instances where the places of business of both parties are in different Contracting States. It may also apply in instances where a Contracting State’s law applies as a governing law by the application of rules of private international law unless the parties have expressly excluded the application of the CISG in their contract. The universal adoption of the CISG is therefore desirable.In this study, a comparison is drawn between the private international law of contract in Korea and Turkey with the purpose of encouraging international trade between the two states and to demonstrate the efforts made in developing their private international law rules, in light of the general expansion of global trade.The fundamentals of a contractThis study focuses on the private international law of contract and therefore, specific aspects of contractual law, at an international level, will be dealt with. Nagel provides the following definition for a contract: “A contract is an agreement (based on consensus between legal subjects who have contractual capacity to do so, and which is lawful, physically possible and complies with the prescribed formalities) reached with the intention of creating a legal obligation with resulting rights and duties. From an international perspective, Cavalieri and Salvatore provide the following definition for a contract: “A contract is a voluntary, deliberate legally binding and enforceable agreement creating mutual obligations between two or more parties.”.

ISBN: 9798762148429Subjects--Topical Terms:

942351
Agreements.

A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.
LDR:04319nmm a2200361 4500 001 636071
005 20230501063851.5
006 m o d
007 cr#unu||||||||
008 230724s2021 ||||||||||||||||| ||eng d
020 $a 9798762148429
035 $a (MiAaPQ)AAI28935421
035 $a (MiAaPQ)Johannesburg44029
035 $a AAI28935421
040 $a MiAaPQ $c MiAaPQ
100 1 $a Visser, Amanda. $3 942349
245 1 0 $a A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2021
300 $a 42 p.
500 $a Source: Masters Abstracts International, Volume: 83-07.
500 $a Advisor: Fredericks, EA.
502 $a Thesis (LL.M.)--University of Johannesburg (South Africa), 2021.
506 $a This item must not be sold to any third party vendors.
520 $a The Republic of Turkey and Korea have had good relations for many years. These relations are mainly rooted in the military support provided by Turkish troops to Korea, efforts made by the two states for bilateral cooperation especially in trade and investment and the efforts made for bilateral cooperation in other fields such as culture and politics, based on their close economic ties.An agreement on trade promotion and economic and technical cooperation between the two states was entered into on 6 December 1977. The preamble to the agreement states that:“The Government of the Republic of Korea and the Government of the Republic of Turkey, Being desirous of promoting the friendly relations already existing between the two countries and their peoples,Recognising the profound benefits to be derived by both countries from expansion of trade as well as closer economic and technical cooperation, Have agreed as follows: Further agreements have subsequently been entered into between the two states and in 2010, the Ministry of Foreign Affairs of Turkey, named Korea as Turkey’s second largest trading partner following China in the Far East.Both Korea and Turkey are Contracting States to the United Nations Convention on Contracts for the International Sale of Goods without any declarations or reservations. The CISG provides a modern and uniform regime for contracts for the international sale of goods. It therefore serves an important purpose of providing certainty for parties to such a contract, especially since contracts of sale are the backbone of international trade in all countries. The CISG only applies to international contracts pertaining to the sale of goods in instances where the places of business of both parties are in different Contracting States. It may also apply in instances where a Contracting State’s law applies as a governing law by the application of rules of private international law unless the parties have expressly excluded the application of the CISG in their contract. The universal adoption of the CISG is therefore desirable.In this study, a comparison is drawn between the private international law of contract in Korea and Turkey with the purpose of encouraging international trade between the two states and to demonstrate the efforts made in developing their private international law rules, in light of the general expansion of global trade.The fundamentals of a contractThis study focuses on the private international law of contract and therefore, specific aspects of contractual law, at an international level, will be dealt with. Nagel provides the following definition for a contract: “A contract is an agreement (based on consensus between legal subjects who have contractual capacity to do so, and which is lawful, physically possible and complies with the prescribed formalities) reached with the intention of creating a legal obligation with resulting rights and duties. From an international perspective, Cavalieri and Salvatore provide the following definition for a contract: “A contract is a voluntary, deliberate legally binding and enforceable agreement creating mutual obligations between two or more parties.”.
590 $a School code: 2140.
650 4 $a Agreements. $3 942351
650 4 $a Case law. $3 942352
650 4 $a Legislatures. $3 942353
650 4 $a International law. $3 174617
650 4 $a Jurisdiction. $3 198219
650 4 $a Legislation. $3 489701
650 4 $a Civil law. $3 216825
650 4 $a Law. $3 207600
650 4 $a Asian studies. $3 795503
690 $a 0616
690 $a 0398
690 $a 0601
690 $a 0342
710 2 $a University of Johannesburg (South Africa). $3 942350
773 0 $t Masters Abstracts International $g 83-07.
790 $a 2140
791 $a LL.M.
792 $a 2021
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28935421