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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2002.2
- 수록면
- 77 - 97 (21page)
이용수
초록· 키워드
오류제보하기
As was discussed above, this study is to establish a framework satisfying the requirements of electronic commerce usage on the grounds that the rights and obligations of the parties to the contract of sale may be soundly and reasonably performed, based on substantiated contractual usage resulted from electronic commerce in todays situation confronted by electronic commerce emerged fast due to rapidly advanced new technology.
Actually, it presented theoretical background on topical and part issues through a comparative study using existing typical law systems or law models as analytical tools, by encompassing the already debated elements with the pending issues to be dealt with. Also, it verified the validity of whether contractual usage can be formed by the suggested results in relation with the relevant provisions of CISG (United Nations Convention on Contracts for the International Sale of Goods), of which the scope of interpretation might be duplicated and/or conflicted by each section according to the altered or modified conditions of trade usage.
In summary, the present framework seems to be still at the infant step until contractual usage of non-structured electronic commerce will be reflected in legal mind of structured typical law systems and then become a stable and concrete source. Accordingly, the fact that the subjects to be mentioned are extremely limited to reach common theory by which most of people accept can be considered as foreseen structural flaws of. this study.
For example, the concept of electronic transaction has not been established correctly and clearly. And, admissibility of documentation for an electronic document equivalent to a paper document. Its evidential weight and the background of electronic commerce usage which may be handled in the ordinary course of its performance and termination subject th the formation of the contract are not covered by this study. As a result, these aforementioned are seemed to be loopholes of this study.
In addition, this study is not deemed to timely interface with various characteristics of network which cyberspace embodies, including electronic information system base and its effective attributes. However, the fact that specific legal issues deriving from conceptual recognition of electronic commerce are scattered as their own key elements may be contributed to providing the basis in order to supplement week points of this study of which the subjects are sectioned.
Therefore, we hope that this dissertation will be provided to give a help to a study which is intended to make mutual complement or positive model law, by accepting severed contractual usage of electronic commerce melted into legal mind.
Actually, it presented theoretical background on topical and part issues through a comparative study using existing typical law systems or law models as analytical tools, by encompassing the already debated elements with the pending issues to be dealt with. Also, it verified the validity of whether contractual usage can be formed by the suggested results in relation with the relevant provisions of CISG (United Nations Convention on Contracts for the International Sale of Goods), of which the scope of interpretation might be duplicated and/or conflicted by each section according to the altered or modified conditions of trade usage.
In summary, the present framework seems to be still at the infant step until contractual usage of non-structured electronic commerce will be reflected in legal mind of structured typical law systems and then become a stable and concrete source. Accordingly, the fact that the subjects to be mentioned are extremely limited to reach common theory by which most of people accept can be considered as foreseen structural flaws of. this study.
For example, the concept of electronic transaction has not been established correctly and clearly. And, admissibility of documentation for an electronic document equivalent to a paper document. Its evidential weight and the background of electronic commerce usage which may be handled in the ordinary course of its performance and termination subject th the formation of the contract are not covered by this study. As a result, these aforementioned are seemed to be loopholes of this study.
In addition, this study is not deemed to timely interface with various characteristics of network which cyberspace embodies, including electronic information system base and its effective attributes. However, the fact that specific legal issues deriving from conceptual recognition of electronic commerce are scattered as their own key elements may be contributed to providing the basis in order to supplement week points of this study of which the subjects are sectioned.
Therefore, we hope that this dissertation will be provided to give a help to a study which is intended to make mutual complement or positive model law, by accepting severed contractual usage of electronic commerce melted into legal mind.
목차
Abstract
I. 서론
II. 전자상거래 계약체결에 따른 주요 현안
III. 국제 계약규범하에서 계약습관 사정변경에 대한 주요 현안
IV. 결론
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UCI(KEPA) : I410-ECN-0101-2009-326-013675954