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world estate

FX Trade

  • FXチャート ブログパーツFX

資源貿易リンク

記事リスト①

  • 2010.1-10 記事リスト①
    中国の貿易政策と海外戦略 10/10/21 中国レア・アース危機への対応 10/10/21 中国との貿易交渉術 10/10/19 円高デフレと産業構造変化 10/10/18 日本と資源大国ロシアの石油産業 10/10/18 非資源国の石油調達戦略 10/10/15 日本の貿易政策;FTA協定(4) 10/10/11 日本の貿易政策:FTA協定(3) 10/10/11 日本の貿易政策:FTA協定(2) 10/10/11 日本の貿易政策:FTA協定(1) 10/10/11 日本貿易の生命線:輸出市場の転換点 10/10/06 日本の資源エネルギー貿易政策(3) 国際独占資本ロイヤルダッチシェルのアジア市場戦略 10/10/02 JETRO 海外調査部 中国市場開拓セミナー参加報告 10/09/09 (2)産業空洞化( de-industrialization )と貿易政策 10/09/07 貿易政策の使命:外需(外部経済)としての景気対策(1) 10/09/07 中国農民工の子弟と日本の大学教育 10/08/21 貿易の定義(教材) 10/06/26 拓殖大学大学院 商学研究科説明会  貿易論の講座内容 10/06/26 2010 国際商取引・貿易演習ゼミ 科目構成(武上ゼミ) 10/06/26 国際取引論の学問体系について 10/06/26 円高による輸出不振は日本産業の空洞化を招く 10/06/26 授業参考資料:日本石油産業転換点(6/23出典ダイヤモンド小島武志氏) 10/06/23 拓殖大学経営経理研究所 研究発表・研究紹介 2010.4. 10/06/23 日本経済のサービス化とサービス貿易の発展 10/06/23 日本と世界のエネルギー貿易(基礎ゼミ資料) 10/06/23 日本のエネルギー資源貿易政策(2)戦後石油産業生成期から見る貿易特性 10/06/23 定期考査・課題リポートの件 10/06/17 貿易論を学ぶ学徒へ:恒産なくして恒心あり 10/06/16 国際取引・貿易ゼミ 「卒業論文のテーマ設定について」 10/06/15 拓殖大学商学部 多国籍企業論 キーワード 講義メモ 2010/5 東洋経済新報社版 テキスト 第8章 独占と不完全競争 10/04/09 東洋経済新報社 テキスト 第9章 寡占経済 10/04/09 2010年度 商学部 国際取引・国際貿易論 講義要項 10/04/09 2010年度大学院商学研究科 講義要項 10/04/09 講義資料:中国・台湾貿易の特徴 (学内使用に限るJETRO HP出典資料より修正) 10/04/09 円高問題とデフレ経済 10/04/09 国際収支・対外負債勘定の急激な変化 2010 10/04/09 国際独占資本の市場支配 10/04/08 資源無き国の貿易政策 10/04/08 貿易通貨と円の起源 10/04/08 中国留学生へ 学問・資格 10/02/20 貿易理論 講座研究用資料 ダウンロード1 10/02/18 経済・貿易理論 第十五章 東洋経済新報社版 テキスト 10/02/17 経済・貿易理論 第十七章  10/02/17 経済・貿易理論 第一章 (東洋経済新報社版 オンラインテキスト)10/02/17 東アジア貿易の構造変化分析 10/01/22 Research & Development Management and Technology Transfer 10/01/20 一年生オリエンテーション講義 10/01/20 技術拡散と市場成果 10/01/20 経営戦略と市場行動 電子技術関連産業と製品市場構造 10/01/20 グローバルR&Dシステムの構築 10/01/20 MNCの内部化理論 10/01/20 市場成長と技術のプロフィール 10/01/20 自動車産業の貿易構造と産業内分業体制 10/01/20 国際技術移行モデル(事例分析) 10/01/20 技術革新と国際投資市場 10/01/20 プロダクトライフサイクル仮説と製品市場戦略 10/01/20 Product design and market strategy(3) 10/01/20 Strategic Information System & technical method of marketing simulation 10/01/20 国際市場と競争戦略 10/01/20 APPROACH TO THE ANALYSIS OF COMPLEX SYSTEM 10/01/20 Analyses of Purchasing Behavior in the Artificial market & its agents 10/01/20 An analysis on product design(1) Characteristic of precision-optical-products market 10/01/20 An Analysis on Product Design (2) Market character of Precision optical products 10/01/20 INTERNATIONAL TRADE&TECHNOLOGICAL INNOVATION 国際貿易と技術革新 10/01/20 Analysis on Information Technology and corporate strategy 10/01/20 国際取引論講義2009年度 案 10/01/20 研究の過去実績(2001年まで) 10/01/20 不完全市場の企業戦略 10/01/20 進路開拓と就職準備について 10/01/20 Structure of product market & corporate strategy(material) 10/01/20 国際取引論の学問体系 10/01/20 研究領域の紹介(武上ゼミ) 10/01/20 貿易の働き(講義資料) 10/01/20 拓殖大学大学院商学研究科のガイダンス 指導内容 10/01/20 日本のエネルギー資源貿易政策(3) 10/01/20 日本のエネルギー資源貿易政策(2) 10/01/20 日本のエネルギー資源貿易政策(1) 10/01/20 円高による輸出不振は日本産業の空洞化を招く 10/01/20 多国籍企業論の内容 10/01/20

燃料油脂新聞社

国際エネルギー機関 IEA

http://www.exxonmobil.com/Corporate/

エクソン・モービル(スタンダードオイル)

Royal Dutch Shell ロイヤルダッチ・シェル

Pertonas ペトロナス (マレーシア)

GAZPROM ガスプロム(ロシア)

CNPC ペトロチャイナ

AGIP/ENI(イタリア)

Chevron(US)

PERTAMINA(プルタミナ・インドネシア)

k takegami

  • k takegami

石油動向:石油情報センター日本エネルギー経済研究所

JOGMEC:石油天然ガス・金属鉱物資源機構

投稿リスト

  • 貿易関係 リンク・リスト
    JETRO http://www.jetro.go.jp/links/ 経済産業省 ‐外務省 資源エネルギー庁 税関総務省統計局、統計センター 環境省 . OECD日本政府代表部 ‐投資委員会「多国籍企業行動指針」 日本貿易保険 産業技術総合研究所 (財)国際経済交流  国立環境研究所 経済産業研究所 中小企業基盤整備機構 国際協力銀行(JBIC) 国際協力機構(JICA)科学技術振興機構 ‐サイエンスポータル国際観光振興機構(JNTO) 日本銀行 東京商工会議所 (社)日本経済団体連合会(社) 環日本海経済研究所(ERINA) 日本銀行金融研究所 日本商工会議所(財)経済広報センター..貿易・投資関係機関等(財)日本関税協会(財)国際貿易投資研究所(ITI)(財)対日貿易投資交流促進協会(MIPRO) (社)日本貿易会 (財)貿易研修センター日・欧産業協力センター日露貿易投資促進機構 (財)海外貿易開発協会 (財)海外技術者研修協会 (財)安全保障貿易情報センター(CISTEC) (社)日本通関業連合会貿易アドバイザー協会(AIBA)
  • 投稿リスト
    タイトル 技術拡散と市場成果 経営戦略と市場行動 電子技術関連産業と製品市場構造 グローバルR&Dシステムの構築 MNCの内部化理論 市場成長と技術のプロフィール 自動車産業の貿易構造と産業内分業体制 国際技術移行モデル(事例分析) 技術革新と国際投資市場 プロダクトライフサイクル仮説と製品市場戦略 Product design and market strategy(3) Strategic Information System & technical method of marketing simulation 国際市場と競争戦略 APPROACH TO THE ANALYSIS OF COMPLEX SYSTEM Analyses of Purchasing Behavior in the Artificial market & its agents An analysis on product design(1) Characteristic of precision-optical-products market An Analysis on Product Design (2) Market character of Precision optical products INTERNATIONAL TRADE&TECHNOLOGICAL INNOVATION 国際貿易と技術革新 Analysis on Information Technology and corporate strategy 国際取引論講義2009年度 案 1 研究の過去実績(2001年まで) 不完全市場の企業戦略 進路開拓と就職準備について Structure of product market & corporate strategy(material) 一年生オリエンテーション講義 国際取引論の学問体系 研究領域の紹介(武上ゼミ) 貿易の働き(講義資料) 拓殖大学大学院商学研究科のガイダンス 指導内容 日本のエネルギー資源貿易政策(3) 日本のエネルギー資源貿易政策(2) 日本のエネルギー資源貿易政策(1) 円高による輸出不振は日本産業の空洞化を招く 多国籍企業論の内容

DOE:アメリカエネルギー機関

Oil and Gas Investor エネルギー市場情報

講演・セミナー実績

  • 講演会・セミナー・フォーラムなど実績
    講演会・セミナー・フォーラムなど実績 講演会: ①株式会社アマダ社 ②テレビ朝日 ③日本ビジネスコミュニケーション学会 ⑤全国信用金庫協会     ⑥愛知県経済同友会主     ⑦愛知県半田市役所     ⑧愛知県常滑市役所    

OPEC 石油輸出国機構

JICA院生訪問

  • 198 2011 6-10 JICA 横浜 訪問
    2011 6-11 JICA 横浜 訪問講義と見学

AngloAmerican アングロアメリカン (資源メジャー)

職業訓練(貿易英語・貿易実務)のページ 2014 大学院貿易講座

  • 厚生労働省東京、神奈川労働局の実施する職業訓練 (数少ない貿易分野の仕事志望者を支える技術訓練) 貿易分野の業務は、これまで経験重視のキャリアプランが中心だったが、IT化が税関NACCS他用いられ、またグローバル化により様相が変わってきている。特にモノからサービスへの貿易転換で、取引仕組みや、ドキュメント作成のディスシプリンもファイナンス取引に移行している。 (2013年度訓練生の皆さんと)

レアメタルリアルタイム市況チャート

レアアース市況動向

原油・石油製品市況

ウラン市況動向

米国政策提案リベラル系シンクタンク:ブルッキングズ研究所

戦略国際問題研究所CSIS

ロイター経済情報

  • ロイター経済情報
    CFDブログパーツCFD

経済チャート・市況情報

米国エネルギー株 市況

DowJones U.S.Market Atlas 米国企業情報データベース

中国ビジネスサポートサイト「Chinawork」

飯野海運株式会社

Frontline(フロントライン)

Energy Bulletin : Post carbon institute

旧外地産業・戦前石油関係資料室

パリOECD本部  forum 2011

  • 50asite
    OECDパリ本部 12/6-8 国際投資フォーラム出席 戦後最大の経済危機を迎えたEU経済は、それに依存するアフリカ、中南米、アジアの国々に多大な影響を与えている。米国主導のOECDが、この難局に政策提案する。

Dubai

  • DUBAI_599
    2011 12./10 ドバイ 国際貿易(ワールドトレード)センター 訪問

石炭大国旧東欧ポーランド訪問

  • 日本CCT技術にエネルギーのトレードオフ関係の可能性
    石炭王国ポーランドと日本のCCT技術:炭鉱の町訪問記2009 CCTクリーン・コール・テクノロジーでは先進技術を持つ日本技術の提供とポーランドの二酸化炭素排出権を供給するというトレードオフの関係強化のため、近年、政府もアプローチをおこなっている
FX 口座開設

gogo.gs
無料ブログはココログ

Cornel University Law School : Uniform Commercial Code(UCC)

Uniform Commercial Code

U.C.C. - ARTICLE 1 - GENERAL PROVISIONS

PART 1. GENERAL PROVISIONS [Table of Contents]

§ 1-101. Short Titles.

(a) This [Act] may be cited as the Uniform Commercial Code.

(b) This article may be cited as Uniform Commercial Code-General Provisions.

§ 1-102. Scope of Article.

This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code].

§ 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law.

(a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1) to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions.

(b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

§ 1-104. Construction Against Implied Repeal.

[The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.

§ 1-105. Severability.

If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable.

§ 1-106. Use of Singular and Plural; Gender.

In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender.

§ 1-107. Section Captions.

Section captions are part of [the Uniform Commercial Code].

§ 1-108. Relation to Electronic Signatures in Global and National Commerce Act.

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act.

PART 2. GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION [Table of Contents]

§ 1-201. General Definitions.

(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated.

(b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof:

(1) "Action", in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined.

(2) "Aggrieved party" means a party entitled to pursue a remedy.

(3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303.

(4) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company.

(5) "Bearer" means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank.

(6) "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.

(7) "Branch" includes a separately incorporated foreign branch of a bank.

(8) "Burden of establishing" a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence.

(9) "Buyer in ordinary course of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(10) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language.

(11) "Consumer" means an individual who enters into a transaction primarily for personal, family, or household purposes.

(12) "Contract", as distinguished from "agreement", means the total legal obligation that results from the parties' agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws.

(13) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate.

(14) "Defendant" includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim.

(15) "Delivery", with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession.

(16) "Document of title" includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass.

(17) "Fault" means a default, breach, or wrongful act or omission.

(18) "Fungible goods" means: (A) goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or (B) goods that by agreement are treated as equivalent.

(19) "Genuine" means free of forgery or counterfeiting.

(20) "Good faith," except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing.

(21) "Holder" means: (A) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or (B) the person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession.

(22) "Insolvency proceeding" includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved.

(23) "Insolvent" means: (A) having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute; (B) being unable to pay debts as they become due; or (C) being insolvent within the meaning of federal bankruptcy law.

(24) "Money" means a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries.

(25) "Organization" means a person other than an individual.

(26) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to [the Uniform Commercial Code].

(27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(28) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.

(29) "Purchase" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property.

(30) "Purchaser" means a person that takes by purchase.

(31) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(32) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

(33) "Representative" means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate.

(34) "Right" includes remedy.

(35) "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. "Security interest" includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. "Security interest" does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Section 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under Section 2-401 is limited in effect to a reservation of a "security interest." Whether a transaction in the form of a lease creates a "security interest" is determined pursuant to Section 1-203.

(36) "Send" in connection with a writing, record, or notice means: (A) to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances; or (B) in any other way to cause to be received any record or notice within the time it would have arrived if properly sent.

(37) "Signed" includes using any symbol executed or adopted with present intention to adopt or accept a writing.

(38) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(39) "Surety" includes a guarantor or other secondary obligor.

(40) "Term" means a portion of an agreement that relates to a particular matter.

(41) "Unauthorized signature" means a signature made without actual, implied, or apparent authority. The term includes a forgery.

(42) "Warehouse receipt" means a receipt issued by a person engaged in the business of storing goods for hire.

(43) "Writing" includes printing, typewriting, or any other intentional reduction to tangible form. "Written" has a corresponding meaning.

§ 1-202. Notice; Knowledge.

(a) Subject to subsection (f), a person has "notice" of a fact if the person: (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.

(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.

(c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.

(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.

(e) Subject to subsection (f), a person "receives" a notice or notification when: (1) it comes to that person's attention; or (2) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.

(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.

§ 1-203. Lease Distinguished from Security Interest.

(a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case.

(b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee, and: (1) the original term of the lease is equal to or greater than the remaining economic life of the goods; (2) the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods; (3) the lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement; or (4) the lessee has an option to become the owner of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement.

(c) A transaction in the form of a lease does not create a security interest merely because: (1) the present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into; (2) the lessee assumes risk of loss of the goods; (3) the lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or maintenance costs; (4) the lessee has an option to renew the lease or to become the owner of the goods; (5) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or (6) the lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

(d) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if: (1) when the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or (2) when the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed.

(e) The "remaining economic life of the goods" and "reasonably predictable" fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.

§ 1-204. Value.

Except as otherwise provided in Articles 3, 4, [and] 5, [and 6], a person gives value for rights if the person acquires them: (1) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) as security for, or in total or partial satisfaction of, a preexisting claim; (3) by accepting delivery under a preexisting contract for purchase; or (4) in return for any consideration sufficient to support a simple contract.

§ 1-205. Reasonable time; Seasonableness.

(a) Whether a time for taking an action required by [the Uniform Commercial Code] is reasonable depends on the nature, purpose, and circumstances of the action.

(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.

§ 1-206. Presumptions.

Whenever [the Uniform Commercial Code] creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.

PART 3. TERRITORIAL APPLICABILITY AND GENERAL RULES [Table of Contents]

§ 1-301. Territorial Applicability; Parties' Power to Choose Applicable Law.

(a) In this section:

(1) "Domestic transaction" means a transaction other than an international transaction.

(2) "International transaction" means a transaction that bears a reasonable relation to a country other than the United States.

(b) This section applies to a transaction to the extent that it is governed by another article of the [Uniform Commercial Code].

(c) Except as otherwise provided in this section:

(1) an agreement by parties to a domestic transaction that any or all of their rights and obligations are to be determined by the law of this State or of another State is effective, whether or not the transaction bears a relation to the State designated; and

(2) an agreement by parties to an international transaction that any or all of their rights and obligations are to be determined by the law of this State or of another State or country is effective, whether or not the transaction bears a relation to the State or country designated.

(d) In the absence of an agreement effective under subsection (c), and except as provided in subsections (e) and (g), the rights and obligations of the parties are determined by the law that would be selected by application of this State's conflict of laws principles.

(e) If one of the parties to a transaction is a consumer, the following rules apply:

(1) An agreement referred to in subsection (c) is not effective unless the transaction bears a reasonable relation to the State or country designated.

(2) Application of the law of the State or country determined pursuant to subsection (c) or (d) may not deprive the consumer of the protection of any rule of law governing a matter within the scope of this section, which both is protective of consumers and may not be varied by agreement: (A) of the State or country in which the consumer principally resides, unless subparagraph (B) applies; or (B) if the transaction is a sale of goods, of the State or country in which the consumer both makes the contract and takes delivery of those goods, if such State or country is not the State or country in which the consumer principally resides.

(f) An agreement otherwise effective under subsection (c) is not effective to the extent that application of the law of the State or country designated would be contrary to a fundamental policy of the State or country whose law would govern in the absence of agreement under subsection (d).

(g) To the extent that [the Uniform Commercial Code] governs a transaction, if one of the following provisions of [the Uniform Commercial Code] specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified: (1) Section 2-402; (2) Sections 2A-105 and 2A-106; (3) Section 4-102; (4) Section 4A-507; (5) Section 5-116; [(6) Section 6-103;] (7) Section 8-110; (8) Sections 9-301 through 9-307.

§ 1-302. Variation by Agreement.

(a) Except as otherwise provided in subsection (b) or elsewhere in [the Uniform Commercial Code], the effect of provisions of [the Uniform Commercial Code] may be varied by agreement.

(b) The obligations of good faith, diligence, reasonableness, and care prescribed by [the Uniform Commercial Code] may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever [the Uniform Commercial Code] requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.

(c) The presence in certain provisions of [the Uniform Commercial Code] of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.

§ 1-303. Course of Performance, Course of Dealing, and Usage of Trade.

(a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.

(b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.

(c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.

(d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.

(e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other. If such a construction is unreasonable: (1) express terms prevail over course of performance, course of dealing, and usage of trade; (2) course of performance prevails over course of dealing and usage of trade; and (3) course of dealing prevails over usage of trade.

(f) Subject to Section 2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.

(g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.

§ 1-304. Obligation of Good Faith.

Every contract or duty within [the Uniform Commercial Code] imposes an obligation of good faith in its performance and enforcement.

§ 1-305. Remedies to be Liberally Administered.

(a) The remedies provided by [the Uniform Commercial Code] must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in [the Uniform Commercial Code] or by other rule of law.

(b) Any right or obligation declared by [the Uniform Commercial Code] is enforceable by action unless the provision declaring it specifies a different and limited effect.

§ 1-306. Waiver or Renunciation of Claim or Right After Breach.

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.

§ 1-307. Prima Facie Evidence by Third-Party Documents.

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.

§ 1-308. Performance or Acceptance Under Reservation of Rights.

(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.

(b) Subsection (a) does not apply to an accord and satisfaction.

§ 1-309. Option to Accelerate at Will.

A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.

§ 1-310. Subordinated Obligations.

An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.

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