전자상거래에 있어서 착오에 관한 연구

• 영문명: A Study on a mistake in the Electronic Commerce
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 고형석(Hyoung-Suk Ko)
• 간행물 정보: 『비교사법』비교사법 제11권 3호, 91~139쪽, 전체 49쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

The Electronic Commerce(EC) contracted by means of electronic methods has more possibility to cause a mistake than common transactions. A mistake in EC has already happened and been a major cause of disputes. But it is not easy to present a legal settlement about a mistake in Cyber-mall, and is very difficult to say uniformly that a party can cancel a contract on account of a mistake. Therefore, I suggested concrete cases to settle this problem and these cases consisted of buyer's and seller's mistake. Firstly, a buyer is not entitled to cancel an offer where a mistake as to quantity of goods is not a fundamental matter of contract. Where a mistake about quantity of goods was a fundamental matter of contract and seller provided a buyer with webpage to correct an offer, buyer cann't cancel an offer because of a serious negligence. Secondly, if seller advertised goods without a distinction from other goods in a cyber-mall and there was a huge difference between a original price and a price marked, seller can cancel a consent. But if seller discriminated a goods from others in advertisement and buyer could select this goods easily, seller cann't cancel a consent because of a serious negligence. However, consumer who cann't cancel an offer by reason of a mistake can exercise the right of withdrawal according to "the Act on the consumer protection in the electronic commerce transaction, etc".

목차

Ⅰ. 서 론

Ⅱ. 전자상거래의 개관 및 사이버 몰 게시물의 법적 성질

Ⅲ. 착오의 요건과 효과

Ⅳ. 사례의 해결

Ⅴ. 결 론

참 고 문 헌

【ABSTRACT】