인터넷 거래와 실체법 규범 - 유엔 통일매매법의 가능성

• 영문명: Internet Commerce and Substantive Norms - Possibility of the CISG for A New Internet Commerce Model Law?
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 고세일(Se-il Ko)
• 간행물 정보: 『비교사법』比較私法 제14권 제4호, 77~115쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  The Internet has changed people’s everyday life in many ways. The largest network in the world has influenced every aspect of social. economic and political systems. Additionally the Internet has affected people’s patterns of buying and selling goods. With new developments in technology, the use of Internet Commerce has been more convenient and online commerce has provided virtual environments in which a buyer may experience buying in a manner similar to an offline shop. Thus the Internet Commerce market has increased astronomically year after year. However, considering the speed of the technology developments, Internet Commerce laws are still in their early stages.
  In this article, this author defines Internet Commerce and shows characteristics of the Internet Commerce. Additionally this author explains current Internet Commerce laws, while mentioning advantages and disadvantages of them. Most current Internet Commerce laws, including the UNCITRAL model law on electronic commerce or the European Union’s Electronic Commerce Directive, have only concentrated on technical and procedural aspects of Internet Commerce. However, for better regulation of the growing Internet Commerce, this author has considered that a substantial uniform law for Internet Commerce, especially in international transactions area, may be possible and also necessary.
  Thus, this author explains the necessity of a substantive Internet Commerce Model Law. While considering substantive norms, this author chooses the CISG as a starting point for an Internet Commerce Model Law as a substantive part of the Internet Commerce Model Law. Consequently this author uses the concept of “mixture of the CISG and the UNCITAL Model Law” for the Internet Commerce Model Law. Further his author proposes the Internet Commerce Model Law as a Modem or Digital Lex Mercatoria for regulation of domestic and international online transactions.

목차

Ⅰ. 들어가면서
Ⅱ. 인터넷 거래
Ⅲ. 현행 인터넷 거래법
Ⅳ. 새로운 인터넷 거래 모델법?
Ⅴ. 맺으면서
【참고문헌】
[Abstract]

키워드

인터넷 거래 전자거래 법통일 통일법 동산매매법 모델법 국제사법 실체법 Internet Commerce Electronic Commerce Uniform Law Model Law Substantive Law CISG