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國際商去來에 있어 電子契約의 特殊性에 관한 硏究
A Study on the Particularity of Electronic Contracts under International Commercial Transactions
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國際商去來에 있어 電子契約의 特殊性에 관한 硏究
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Electronic commerce in the cyberspace through the internet is not a new phenomenon. International traders have already exchanged business information of which through the various networks needed for the international commerce. Internet is different from others in that it just has various means and methods for commercial transactions caused by a lot of computer webs. At the present time, Rapidly spreading instant use of internet is facilitating changes and development in commercial transactions. There have been two kinds of networks, closed and opened networks. These two networks are combined and developed in the cyberspace expanding its areas. These sorts of phenomena are natural because electronic commerce is essentially global. In addition, the commerce among countries has been happening from time to time and it not only brings active globalization in many ways but also changes social and economic structures.
Under those circumstances, this study defines data massages focusing on the essential part in the means and methods stated above. It also deals with problems and solutions in electronic contracting. The study defines the meanings of electronic commerce and electronic contracting from the subjects - computerization of electronic commerce and features of electronic contracting - in their orders within the limits of the study. It also reviews differentiating its means and methods. Functional requirements of data messages are also within the study. In addition, by the comparative legal study of the limits of international business transactions stated in the international trade law, electronic commerce should be distinct from electronic transactions. It means that the former involves 「Business to Business」 and the latter involves transactions with any others including it. Therefore practical benefits are focused on. The benefits are based on the fact that it is reasonable that a sharp line has to be drawn between B2B and B2C. B2B is something that protects themselves by the various international laws controlling international business transactions whiles B2C has a relatively large need to be protected. Data messages are give the same legal and functional effects as paper documents. It is just embodied concept of electronic signature by the contractual parties concerned in international business transactions, information security based on the good faiths. It should be reviewed in general and the reasons for if are suggested.
The procedures of electronic commerce are somewhat short in comparison with its common use these days. So it is in desperate need to establish uniform rules that control international business transactions in the cyberspace. The study suggests the bases of how and what rules to be put as the computerizations of electronic commerce are proceeding. In the cyberspace, it has been difficult to rely on international trade usage and customs because of its short history and rapid changes. Therefore new niles are being made. The forms are model law, guidelines, principles or rules rather than a treaty that carries legal bindings among countries. The law of the main countries that lead electronic commerce is having effect on that of other countries or it becomes their law itself. The method is different from countries to countries. Depending on the matters of legal principles, some countries revise their positive laws or take measures for special legislation. That's the way they deal with the problems happening in the cyberspace. At the same time, the international organization involved in electronic commerce is going ahead with international legislation and some results have already existed. The results up to now can be said that they just enact fragmentary laws to be applied in order to solve practical problems or they try to arrange laws to be applied comprehensively. But they are just temporary ones. From the above subjects, new principles and rules are being studied while we are roughly reviewing systematic bases established in order to control electronic commerce by the international organizations and in the process of legislation. In addition, the features of international trade laws are summarized by the order of classifications of international trade laws, each country's positive laws and domestic positive laws. Cyberspace is not only an exception for contractual principles and contract laws but legal problems caused by it can be controlled without question. In comparison with traditional contracting, electronic contracting is different in its intermediary. Also some legal problems can happen in the process of contractual intermediaries.
Under those circumstances, this study defines data massages focusing on the essential part in the means and methods stated above. It also deals with problems and solutions in electronic contracting. The study defines the meanings of electronic commerce and electronic contracting from the subjects - computerization of electronic commerce and features of electronic contracting - in their orders within the limits of the study. It also reviews differentiating its means and methods. Functional requirements of data messages are also within the study. In addition, by the comparative legal study of the limits of international business transactions stated in the international trade law, electronic commerce should be distinct from electronic transactions. It means that the former involves 「Business to Business」 and the latter involves transactions with any others including it. Therefore practical benefits are focused on. The benefits are based on the fact that it is reasonable that a sharp line has to be drawn between B2B and B2C. B2B is something that protects themselves by the various international laws controlling international business transactions whiles B2C has a relatively large need to be protected. Data messages are give the same legal and functional effects as paper documents. It is just embodied concept of electronic signature by the contractual parties concerned in international business transactions, information security based on the good faiths. It should be reviewed in general and the reasons for if are suggested.
The procedures of electronic commerce are somewhat short in comparison with its common use these days. So it is in desperate need to establish uniform rules that control international business transactions in the cyberspace. The study suggests the bases of how and what rules to be put as the computerizations of electronic commerce are proceeding. In the cyberspace, it has been difficult to rely on international trade usage and customs because of its short history and rapid changes. Therefore new niles are being made. The forms are model law, guidelines, principles or rules rather than a treaty that carries legal bindings among countries. The law of the main countries that lead electronic commerce is having effect on that of other countries or it becomes their law itself. The method is different from countries to countries. Depending on the matters of legal principles, some countries revise their positive laws or take measures for special legislation. That's the way they deal with the problems happening in the cyberspace. At the same time, the international organization involved in electronic commerce is going ahead with international legislation and some results have already existed. The results up to now can be said that they just enact fragmentary laws to be applied in order to solve practical problems or they try to arrange laws to be applied comprehensively. But they are just temporary ones. From the above subjects, new principles and rules are being studied while we are roughly reviewing systematic bases established in order to control electronic commerce by the international organizations and in the process of legislation. In addition, the features of international trade laws are summarized by the order of classifications of international trade laws, each country's positive laws and domestic positive laws. Cyberspace is not only an exception for contractual principles and contract laws but legal problems caused by it can be controlled without question. In comparison with traditional contracting, electronic contracting is different in its intermediary. Also some legal problems can happen in the process of contractual intermediaries.
목차
ABSTRACT
Ⅰ. 序論
Ⅱ. 電子商去來의 背景과 特性
Ⅲ. 電子契約의 特殊性
Ⅳ. 結論
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