UNCITRAL 전자계약협약에 관한 비교법적 고찰과 전자거래기본법에의 영향

• 영문명: A Comparative Study on United National Convention of Electronic Communications in International Contract(UNCITRAL Electronic Contract Convention) and its Influence on Korean Electronic Transactions Act
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 오병철(Byoung-Cheol Oh)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 83~132쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  United National Convention of Electronic Communications in International Contract(UNCITRAL Electronic Contract Convention) adopted in 2005 has a significant meaning as a version of CISG for electronic transactions. It solves controversy whether CISG is applicable to electronic transactions or not. It also may play a role as the upgraded version of UNCITRAL Model Law enacted in 1995. However it needs quite a time that UNCITRAL Electronic Contract Convention becomes effectiveness and performs a role of major international private law over the world.
  Korean Electronic Transactions Act(KETA) enacted in 1998 and amended in 2005 has a little inconsistency with UNCITRAL Electronic Contract Convention. For example, UNCITRAL Electronic Contract Convention has some provisions which KETA did not contain. This inconsistency leads to disharmony of regulation between domestic and international electronic transaction. Because internet has no national border, the harmonization of domestic-international legal rules is a matter of consequence.
  Some provisions of KETA, for example ‘party autonomy’, ‘time of dispatch of electronic communication’, which are inconsistent with those of UNCITRAL Electronic Contract Convention should be revised exactly like UNCITRAL Electronic Contract Convention. The provision for ‘location of parties’ may be made newly in KETA as that of UNCITRAL Electronic Contract Convention. However provisions for ‘some definitions’, ‘time of receipt of electronic communication’, ‘signature’, ‘original form’ in UNCITRAL Electronic Contract Convention have no influence on KETA.

목차

Ⅰ. 서론
Ⅱ. 전자계약협약의 비교법적 분석
Ⅲ. 전자계약협약이 미치는 영향
Ⅳ. 결론
【참고문헌】
【Abstract】

키워드

전자거래 전자상거래 전자계약 전자계약협약 UETA UNCITRAL Electronic Transaction Electronic Commerce Electronic Contract Electronic Communication Convention on the Use of Electronic Communications in International Contracts