Indirect Rules Research Articles

2019년 헤이그 재판협약의 주요 내용과 간접관할규정

1992년 미국의 제안에 따라 헤이그국제사법회의 차원에서 전 세계적인 “민사 및 상사의 국제재판관할과 외국재판에 관한 협약”을 성안하기 위한 작업이 개시되었다. 1999년 예비초안이 작성되었으나 조약은 채택되지 못하였고 결국 2005년 “관할합의에 관한 협약”이 채택되었고 이는 2015. 10. 1. 발효되었다. 그 후 민사 또는 상사에서 외국재판의 승인 및 집행에 관한 협약(“재판협약”)이 2019. 7. 2. 채택되었다. 재판협약은 1971년 민사 및 상사의 외국재판의 승인 및 집행에 관한 협약과 같이 직접관할을 규정하지 않는 단일협약이라는 점에서 아쉬움이 있다. 그러나 외국재판의 승인ㆍ집행을 위한 전 세계적 규범체제를 도입하는 점에서 커다란 의미가 있다. 재판협약은 일정한 간접관할의 근거를 충족하는 체약국 재판의 승인 및 집행을 규정하고(제5조), 그의 승인거부사유를 망라적으로 열거한다(제7조). 나아가 재판협약은 일정한 전속관할에 따르는 것을 조건으로 국내법과 다른 조약에 따른 재판의 승인 및 집행을 금지하지 않는다. 재판협약은 직접관할규칙을 담지 못하고, 제외되는 사항이 많아 큰 성공이라고 하기는 어렵지만, 재판협약이 가져올 수 있는 실제적 효용을 고려한다면 그 의미를 박하게 평가할 이유는 없다. 만일 재판협약이 발효되고 미국과 유럽연합이 가입한다면 우리도 당연히 가입해야 할 것이나, 그 전에 가입할지는 더 검토할 필요가 있다. 이를 위하여 재판협약에 대한 깊이 있는 연구가 필요한데, 재판협약에의 가입 여부는 관할합의협약에의 가입 여부와 묶어서 검토해야 한다.<BR> 주지하듯이 한국 민사소송법과 민사집행법은 외국재판의 승인 및 집행에 관하여 선진적 내용을 담고 있고, 법원도 외국재판의 승인ㆍ집행에 대하여 호의적인 태도를 취한다. 따라서 한국이 재판협약 가입을 서두를 이유는 없다. 우선 국제사회의 추이를 지켜보는 한편, 한국의 재판협약 가입이 초래할 변화를 분석ㆍ평가하고, 선언 기타 재판협약 가입과 관련하여 한국이 취할 조치를 면밀히 검토할 필요가 있다. 그 과정에서 우리 법조인들과 법률가들 사이에서도 국제사법 및 국제민사절차법의 중요성에 대한 인식이 확산되기를 희망한다.<BR> 구체적으로 이 글에서 저자는 재판협약의 적용범위와 정의(定義)(Ⅱ.), 외국재판의 승인 및 집행의 기본체제(Ⅲ.), 간접관할의 근거(Ⅳ.), 외국재판의 승인 또는 집행의 거부사유(Ⅴ.) 재판상화해의 집행(Ⅵ.), 외국재판의 승인 및 집행의 절차와 효과 등(Ⅶ.), 일반조항(Ⅷ.), 최종조항(Ⅸ.), 우리 법에의 시사점과 한국의 재판협약 가입과 관련된 문제(Ⅹ.)와 맺음말-재판협약에 대한 평가와 우리가 나아갈 방향(Ⅺ.)의 순서로 논의한다.

Delivery of Electronic Products in Electronic Sale Contracts Under Jordanian Law: An Overall Comment

Delivery of the item in a contract of sale is an important obligation which should be fulfilled by the seller. The rules which regulate this obligation in Jordanian Law do not touch on the issue of delivery of an electronic product (such as epictures, e-programs, e-files, films, movies, music, games and others), which come from the electronic contract. However, this issue is regulated indirectly in some provisions in the Jordanian Electronic Transaction Law (JETL).( Jordanian Electronic Transaction Law, 2015 (Act No. 15 of 2015).) This Article is assigned to disclose these indirect rules and to discuss the extent of appropriateness of them to regulate all aspects of delivery of the electronic products. Contract of sale, electronic product, Jordan, place and the time of delivery

Diffusion of Yan(燕) Culture and Establishment Process of Iron Culture in the Liaoxi(遼西) Region

본고는 연 문화의 확산과정에서 보이는 요령지역 철기문화의 지역차에 주목하였다. 특히 선행 연구에서 다루어진 요서와 요동지역의 지역차가 갖는 의미를 확인해보고자 하였다. 이를 위해 전국~한대 요서지역의 분묘와 취락에서 출토된 철기의 특징을 살피고, 공반유물을 비교하여 시간성을 설정하였다. 요서지역 내 철기문화의 등장은 요동지역과 마찬가지로 연 문화가 본격적으로 확산되는 기원전 3세기경부터이다. 요서지역은 철기가 등장하는 시점부터 분묘 내 부장품보다는 성지(城址)를 중심으로 한취락 내에서만 출토된다. 이 같은 요서지역 철기의 출토양상은 연 문화의 확산과정에서 보이는 요동지역 철기문화의 정착과정과는 다른특징이다. 요서지역은 전한 이후 무기류를 비롯한 다양한 철기류가 생산·보급되면서 분묘 내 철기가 부장되기 시작한다. 그럼에도 철기는 주요 부장품으로 다루어지기 보다는 한두 점씩 부장되는 정도에 그친다. 이처럼 요서지역의 철기문화는 연 문화의 등장시점부터 분묘와 취락 내 출토양상의 차이가 두드러지며, 동시기 요동지역 내 철기문화가 정착하는 과정과 다른 현상을 보인다. 결국 요서지역은 기원전 3세기경부터 연나라의 직·간접적인 지배 범위에 포함되면서 철기를 사유화하지 못한 채 지역 거점 단위로 관리·유통되었던 것으로 추정된다.This manuscript had paid attention to the regional differences of the ironware culture in the Liaoning region, which are seen in the process of the spreading of the Yan culture. Especially, it had been intended to confirm the meaning that is possessed by the regional differences between the Liaoxi region and the Liaodong region, which had been dealt with in the preceding researches. For this, the special features of the ironware that had been unearthed from the tombs and the settlements of the Liaoxi region from the Warring States period to the Han Dynasty had been taken a look at. And, by comparing the companion artifacts, the temporality had been set up. The appearance of the iron culture in the Liaoxi region is the same as that of the Liaodong region. And the time when the Yan culture gets spread in earnest is from around the 3rd century B.C. Regarding the appearance of the ironware in the Liaoxi region, rather than being dealt with as the grave goods within the tombs, it gets unearthed from within the settlements by being centered on the castle ruins. Such a difference of the unearthed aspect is a special feature that is different from the process of the settlement of the ironware culture in the Liaodong region that is seen in the process of the spreading of the Yan culture. Afterwards, while entering the Han Dynasty, with the ironware types in the diverse forms, including the weapon types, getting produced and supplied, it is assumed that the ironware grave goods within the tombs materialize. Despite this, rather than being dealt with as the main grave goods, the ironware stops at being one piece or two pieces of the grave goods. Regarding the ironware culture of the Liaoxi region, which appears together with the spreading of the Yan culture, the differences of the time points of the appearances of the ironware within the tombs and the settlements stand out. And they show a phenomenon that is different from the process in which the ironware culture within the Liaodong region gets settled down at the same time. It is assumed that this is related to the management of a unit of the regional base without being able to privatize the ironware while the Liaoxi region became included in the range of the direct and indirect rules in the Yan state.

A consensus model for group decision making under trapezoidal fuzzy numbers environment

Natural linguistic terms can preferably express the opinions of decision makers in complicated decision environment. Group decision making with multiplicative trapezoidal fuzzy preference relations transforming from natural linguistic terms attracts the attention of researchers for its important research significant. The developed approach is based on consensus improving process by using a new similarity measure and a trapezoidal fuzzy power ordered weighted geometric averaging (TFPOWGA) operator. In order to introduce this approach, firstly, trapezoidal fuzzy power geometric averaging operator and TFPOWGA operator are presented to aggregate trapezoidal fuzzy numbers (TFNs). Secondly, a new similarity measure for TFNs is introduced by combining centroids and areas of TFNs. We further propose a new consensus improving algorithm that consists of consensus measure and a dynamic feedback mechanism containing a multi-objective optimization model and some indirect rules. And then a selection stage is described to rank the alternatives. At last, an example is implemented to demonstrate effectiveness of the approach.

A Precise Definition of an Inference (by the Example of Natural Deduction Systems for Logics $I_{\langle \alpha,\beta \rangle}$

In the paper, we reconsider a precise definition of a natural deduction inference given by V. Smirnov. In refining the definition, we argue that all the other indirect rules of inference in a system can be considered as special cases of the implication introduction rule in a sense that if one of those rules can be applied then the implication introduction rule can be applied, either, but not vice versa. As an example, we use logics $I_{\langle\alpha, \beta\rangle}, \alpha, \beta \in \{0, 1, 2, 3,\dots \omega\}$, such that $I_{\langle 0, 0\rangle}$is propositional classical logic, presented by V. Popov. He uses these logics, in particular, a Hilbert-style calculus $HI_{\langle\alpha, \beta\rangle}, \alpha, \beta \in \{0, 1, 2, 3,\dots \omega\}$, for each logic in question, in order to construct examples of effects of Glivenko theorem’s generalization. Here we, first, propose a subordinated natural deduction system $NI_{\langle\alpha, \beta\rangle}, \alpha, \beta \in \{0, 1, 2, 3,\dots \omega\}$, for each logic in question, with a precise definition of a $NI_{\langle\alpha, \beta\rangle}$-inference. Moreover, we, comparatively, analyze precise and traditional definitions. Second, we prove that, for each $\alpha, \beta \in \{0, 1, 2, 3,\dots \omega\}$, a Hilbert-style calculus $HI_{\langle\alpha, \beta\rangle}$and a natural deduction system $NI_{\langle\alpha, \beta\rangle}$are equipollent, that is, a formula $A$ is provable in $HI_{\langle\alpha, \beta\rangle}$iff $A$ is provable in $NI_{\langle\alpha, \beta\rangle}$. DOI: 10.21146/2074-1472-2017-23-1-83-104

GIAMS: A generic approach for mining indirect association rules in data streams1

GIAMS: A generic approach for mining indirect association rules in data streams1

Tax Considerations for the European Union’s Digital Single Market Strategy

In this article, the authors analyse the EU concept of the Digital Single Market from an Indirect Tax and Direct Tax perspective. The analysis will focus on the current status quo and will discuss the recently proposed EU plans to design robust Indirect Tax and Direct Tax rules, as well as regulations for the future. The authors propose ideas and solutions that can be taken into account by the Commission and various stakeholders in an open debate to optimize the legislation for all parties involved. These ideas share the same common ground for Indirect Tax and Direct Tax. Where deemed necessary, the authors include Organisation for Economic Co-operation and Development (OECD) initiatives as well.

The Boundaries to Approve the Indisputability of the Claims in Bankruptcy Proceedings

The Law on Bankruptcy of the Republic of Armenia (hence LBA or the Law) makes it possible to declare the debtor bankrupt and register creditor’s claim if the letter one entails from indisputable claims. Indeed, those indirect rules on approval of the claim in combination with the rules of moratorium apparently put the law enforcement practice either in non-conformity with the principal task of bankruptcy proceedings or deprive an entity from the right to fair trial (article 18, the Constitution of Armenia ). Though the court is vested only in to approve the indisputable nature of the claim, the law enforcement practice has drifted far from this crucial point of departure suggesting us entirely different case law practice. Needless to say, that this kind of case law is not in compliance with the features of bankruptcy proceedings, however it provides a reasonable opportunity to the potential creditors to resolve the dispute and to apply for the registration of relevant claim under the same bankruptcy procedure. And this is in the case when the potential creditor possesses no right to initiate a civil lawsuit under the Code of Civil Procedure of the Republic of Armenia (hence CPC) given to the limitations existing as a part of moratorium.

What intent, whose intent, and to what extent? The knowledge requirement in indirect patent infringement

In Germany, the UK, the US and the Scandinavian countries there is a distinct difference between direct and indirect (also referred to as contributory) statutory patent infringement. The patent laws that regulate incursions on the exclusive rights of patent holders in these jurisdictions generally distinguish between direct patent infringement on the one hand, which is based on wholly objective criteria, and indirect patent infringement on the other, which in addition to objective criteria also requires the establishment of subjective conditions i.e. some form of intent on the part of the infringer. The latter is commonly referred to as the knowledge requirement. The basic idea behind indirect infringement is that the patentee can already start legal action before his patent is actually infringed. It is thus potentially a powerful tool for patentees. In respect of the UK, it has been said that the indirect infringement rules extend the patent proprietor’s monopoly to cover the supply of means, relating to an essential element, for putting the invention into effect. Similarly, in Germany the instrument of indirect patent infringement has been described as containing the expansion of the protection of process, use and combination patents such that even offering or supplying means that enable the person thus supplied to make unlawful use of the patented invention is prohibited. Moreover, in i.a. Germany and the UK someone can commit indirect patent infringement without there even being a direct infringement. Indirect patent infringement claims can also result in substantial damages awards. In a case against Microsoft, for instance, the software firm i4i Ltd managed to obtain a damages award of approximately USD 290 million with respect to an indirect patent infringement. It thus seems that indirect patent infringement is a potent tool at the disposal of patentees, which can be used to to stop a problem before it becomes a problem. At the same time, there are many reasons why an indirect infringement claim may fail. A prominent commentator in the field of patent law in Germany submits that indirect patent infringement under German law is not easy to understand and its application causes problems in practice. One of the reasons why an indirect patent infringement could fail is because the knowledge requirement in an indirect patent infringement claim is not fulfilled. Why this is so, and also under which circumstances the requirement is fulfilled, shall be the focus of this article. In short, we will look at how the knowledge requirement in indirect patent infringement is construed in the US, the UK, Germany and the Scandinavian countries. The impetus for the article came from two fairly recent judgments rendered by the US Supreme Court and the England and Wales Court of Appeals addressing indirect patent infringement and the knowledge requirement in particular. We will use these cases as a backdrop to analyse the knowledge requirement in these jurisdictions. We will then briefly look at the decisional practice of the German Federal Supreme Court, by virtue of the pioneering role of this Court in respect of adjudicating indirect patent infringement cases in the EU. The choice of focusing on the Scandinavian countries is mainly due to the authors being domiciled in Sweden and Denmark. Also, we shall establish that the state of case law in Scandinavia on the topic of indirect patent infringement is fairly nascent, and argue that this provides for an ample opportunity for cross-fertilization in European cross-border jurisprudence. Each jurisdictional section will be concluded by a comment. In the end, we shall attempt at concluding the article with some comparative remarks. (Less)

Mining Indirect Association Rules for Web Recommendation

Mining Indirect Association Rules for Web RecommendationClassical association rules, here called "direct", reflect relationships existing between items that relatively often co-occur in common transactions. In the web domain, items correspond to pages and transactions to user sessions. The main idea of the new approach presented is to discover indirect associations existing between pages that rarely occur together but there are other, "third" pages, called transitive, with which they appear relatively frequently. Two types of indirect associations rules are described in the paper: partial indirect associations and complete ones. The former respect single transitive pages, while the latter cover all existing transitive pages. The presented IDARM* Algorithm extracts complete indirect association rules with their important measure—confidence—using pre-calculated direct rules. Both direct and indirect rules are joined into one set of complex association rules, which may be used for the recommendation of web pages. Performed experiments revealed the usefulness of indirect rules for the extension of a typical recommendation list. They also deliver new knowledge not available to direct ones. The relation between ranking lists created on the basis of direct association rules as well as hyperlinks existing on web pages is also examined.

XTraQue: traceability for product line systems

Product line engineering has been increasingly used to support the development and deployment of software systems that share a common set of features and are developed based on the reuse of core assets. The large number and heterogeneity of documents generated during the development of product line systems may cause difficulties to identify common and variable aspects among applications, and to reuse core assets that are available under the product line. In this paper, we present a traceability approach for product line systems. Traceability has been recognised as an important task in software system development. Traceability relations can improve the quality of the product being developed and reduce development time and cost. We present a rule-based approach to support automatic generation of traceability relations between feature-based object-oriented documents. We define a traceability reference model with nine different types of traceability relations for eight types of documents. The traceability rules used in our work are classified into two groups namely (a) direct rules, which support the creation of traceability relations that do not depend on the existence of other relations, and (b) indirect rules, which require the existence of previously generated relations. The documents are represented in XML and the rules are represented in an extension of XQuery. A prototype tool called XTraQue has been implemented. This tool, together with a mobile phone product line case study, has been used to demonstrate and evaluate our work in various experiments. The results of these experiments are encouraging and comparable with other approaches that support automatic generation of traceability relations.

Corporate Governance and Firm Performance: A Comparative Analysis on Auditing Matters

The recent financial crises are the basis of a new debate about comparison and convergence of different corporate governance systems and they have underlined poor efficiency of rule structures to achieve a good relationship between different stakeholder's rights. Many studies of corporate governance emphasize the manager-stakeholders relationship as explained by agency theory. In this article, we analyse the role of audit as an incentive device to reduce contractual or transaction costs related to asymmetric information. Considering as benchmark the recent US Sarbanes Oxley Act of July 2002, we describe a set of audit principles in a comparison of common law and civil law company laws. Using multiple correspondence analysis on six countries and twenty-seven dummy variables on auditing rules, we have defined the main variables that describe auditing index. Subsequently, we have tested if a suitable rule structure can improve the capability of financial market to estimate the fair value of firms. In particular, we have analysed if direct and indirect monitoring rules on managers could affect the market value of listed firms positively.

Integration of linguistic and numerical information for biped control

Bipedal locomotion is an important hallmark of human evolution. Despite of complex control systems, human locomotion is characterized by smooth, regular, and repeating movements. Therefore, there is the potential for applying human locomotion strategies and any knowledge available to the biped control. In order to make the most use of the information available, a linguistic-numerical integration-based biped control method is proposed in this paper. The numerical data from biped measuring instruments, and the linguistic rules obtained from intuitive walking knowledge and biomechanics study have been classified into four categories: direct rules, direct data, indirect rules, and indirect data. Based on inverse learning and data fusion theory, two simple and intuitive integration schemes are proposed to integrate linguistic and numerical information with various forms, such as direct and indirect. One is neurofuzzy-based integration, and another is fuzzy rules extraction-based integration. The simulation results show that the biped gait and joint control performance can be significantly improved by the prescribed synergy method-based neurofuzzy gait synthesis and fuzzy rules extraction-based joint control strategies using linguistic and numerical integrated information.