전자계약에 관한 국제협약 예비초안의 논점과 특징에 관한 고찰

• 영문명: The Issues and Characteristics of the Preliminary Draft Convention on International Contracts Concluded or Evidenced by Data Message
• 발행기관: 한국통상정보학회
• 저자명: 최석범(Seok-beom Choi) 박종석(Chong-suk Park)
• 간행물 정보: 『통상정보연구』제5권 제1호, 85~100쪽, 전체 16쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2003.06.30

영문 초록

Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in a-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modern law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in e-commerce that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to e-commerce law so that it provides certainty and enforceability over e-commence. UNCI TRAL Working Group on Electronic Commerce prepared the Preliminary Draft Convention on [International] Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message.

목차

Ⅰ. 서론

Ⅱ. 예비초안의 작성배경과 구성

Ⅲ. 예비초안의 주요내용

Ⅳ. 전자계약예비초안의 주요논점과 특징

Ⅴ. 결론

참고문헌

키워드

Data Message Cyber Law Contract Law Electronic Contract