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

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	A Comparison of Private International Law of Contract in the Republic of Korea and Turkey.
作者:	Visser, Amanda.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, 2021
面頁冊數:	42 p.
附註:	Source: Masters Abstracts International, Volume: 83-07.
附註:	Advisor: Fredericks, EA.
Contained By:	Masters Abstracts International83-07.
標題:	Agreements.
電子資源:	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.
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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.”.
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