전자상거래의 성립시기에 관한 연구 - 전자소비자계약을 중심으로

• 영문명: A Study on the Time of Formation of Electronic Commerce
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 고형석(Hyoung-Suk Ko)
• 간행물 정보: 『비교사법』比較私法 제13권 제3호, 17~49쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.09.01

영문 초록

  The Electronic Commerce has been taking up one"s residence as a sale of goods, but contains lots of legal problems. A typical of these is the time of formation in the electronic commerce. This problem is the most fundamental and must be settled as soon as possible.
  It will be consisted of three problems to be mattered with reference to the time of formation. It is a first problem whether the electronic commerce is applicable to a contract between dialogists or a contract to another living in a different locality. Secondly, it is a problem when a data massage comes into effect, if a originator has stated that the data message is conditional on receipt of the acknowledgment or not stated that the data message is conditional on receipt of the acknowledgment. Thirdly, where a business doesn"t consent to or refuse a consumer" offer, it is a problem when the electronic consumer contract is formated.
  It are considered not only a geographical factor but a period retaining a effect of offer to distinguish between a contract between dialogists and one"s contract to another living in a different locality. In the electronic commerce, a business has certain time to determine assent or refusal after receiving consumer"s offer. Therefore, the electronic commerce is applicable to one"s contract to another living in a different locality.
  Secondly, the Framework Act on Electronic Commerce article 9 (1) provides a effect of data massage, but a fore provision disagrees with a following provision in the time of formation. For the purpose of being in accord with both sides, it must be amended that a condition of fore provision is not a condition precedent but a condition subsequent.
  Finally, there is an uncertainty as to a time of formation if business doesn"t accept or refuse an consumer"s offer. To removing an uncertainty, it must be supplemented a provision that treats an absence of an assent or a refusal as an assent like the Commercial Act article 53.

목차

Ⅰ. 서론
Ⅱ. 전자소비자계약의 의의 및 법적 성질
Ⅲ. 전자소비자계약의 성립시기
Ⅳ. 결론
[참고문헌]
【ABSTRACT】

키워드

전자상거래 전자소비자계약 전자소비자계약의 성립시기 전자거래기본법 전자상거래 등에서의 소비자보호에 관한 법률 소비자보호 대화자간의 계약 격지자간의 계약 전자문서 수신확인통지의 조건이 부가된 전자문서의 효력 the electronic commerce the electronic consumer contract the time of formation in the electronic consumer contract the Framework Act on Electronic Commerce consumer protection contract between dialogists one" s contract to another living in a different locality data massage