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As there have been dramatic developments in updated technologies and informational communicational skills for doing international business through computerization, the importance of international trade transactions by Electronic Data Interchange (EDI) system has been increasing more and more.
The rules or regulations for International trade transactions such as Unoform Customs and Practice for Documentary Credits(UCP), INCOTERMS, CMI Uniform Rules for Sea Waybills, United Nations Convention on the Carriage of Goods by Sea, United Nations Convention on International Multimodal Transport of Goods and etc. grant the use of ED! in contracting international sale of goods in case the parties concerned mutually agree to do so.
However, as standard forms of rules regulating legal characteristics and responsibilities of electronic messages exchanged through EDI have not been established, there may be some legal problems in contracting international sale of goods. The problems that can be estimated are as follows;
First, whether the shipping documents are genuine or not can be deeided by signature. When the parties concerned agreed to contract by EDI, the signature can be made by any other mechanical or electronic means instead of handwriting. Therefore the problem if the documents signed by electronic means can be accepted as original
Second, the problems that have to be settled are whether the electronic documents can be regarded as admissible and credible documents just as traditional paper documents are regarded as such.
Third, the safety of electronic messages and preservation of trade information have to be acquired as information on trade can be out flowed or exchanged in the courses of sending and receiving electronic messages by unskilled people.
Fourth, the problem of responsibility can be arised when electronic messages are missed, damaged, counterfeited or changed by any reasons. As a danger exists always in using EDI, the scope of responsibilities of the parties have to be decided.
In order to cope with the problems arising in using EDI for contracting international sale of goods, international rules or regulations granting legal effects of electronic messages need to be formulated. Also it is desirable for the government to involve actively to make standard forms of rules accepting the effectiveness of electronic signature.
The parties concerned need to acknowledge the principles of transactions by EDI, technical and legal problems correctly. Therefore, when they are making contracts, they have to draw every possible problems that may be arised and clear out their responsibilities to minimize their risks.
The rules or regulations for International trade transactions such as Unoform Customs and Practice for Documentary Credits(UCP), INCOTERMS, CMI Uniform Rules for Sea Waybills, United Nations Convention on the Carriage of Goods by Sea, United Nations Convention on International Multimodal Transport of Goods and etc. grant the use of ED! in contracting international sale of goods in case the parties concerned mutually agree to do so.
However, as standard forms of rules regulating legal characteristics and responsibilities of electronic messages exchanged through EDI have not been established, there may be some legal problems in contracting international sale of goods. The problems that can be estimated are as follows;
First, whether the shipping documents are genuine or not can be deeided by signature. When the parties concerned agreed to contract by EDI, the signature can be made by any other mechanical or electronic means instead of handwriting. Therefore the problem if the documents signed by electronic means can be accepted as original
Second, the problems that have to be settled are whether the electronic documents can be regarded as admissible and credible documents just as traditional paper documents are regarded as such.
Third, the safety of electronic messages and preservation of trade information have to be acquired as information on trade can be out flowed or exchanged in the courses of sending and receiving electronic messages by unskilled people.
Fourth, the problem of responsibility can be arised when electronic messages are missed, damaged, counterfeited or changed by any reasons. As a danger exists always in using EDI, the scope of responsibilities of the parties have to be decided.
In order to cope with the problems arising in using EDI for contracting international sale of goods, international rules or regulations granting legal effects of electronic messages need to be formulated. Also it is desirable for the government to involve actively to make standard forms of rules accepting the effectiveness of electronic signature.
The parties concerned need to acknowledge the principles of transactions by EDI, technical and legal problems correctly. Therefore, when they are making contracts, they have to draw every possible problems that may be arised and clear out their responsibilities to minimize their risks.
목차
Ⅰ. 序論
Ⅱ. 國際物品賣買契約에서의 EDI方式의 適用
Ⅲ. 一般契約과 EDI方式에 의한 國際物品賣買契約成立의 比較
Ⅳ. EDI方式에 의한 國際物品賣買契約의 成立上의 問題點
Ⅴ. 結論
參考文獻
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