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논문 기본 정보

자료유형
학술저널
저자정보
서예헌 (청도대학교) 왕봉업 (동아대학교)
저널정보
경상대학교 법학연구소 법학연구 법학연구 제28권 제4호
발행연도
2020.1
수록면
1 - 15 (15page)

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The online shopping contract has been developed rapidly since its emergence because of its high efficiency and great convenience for people. As a new form of contract, it has the essence of traditional contract, which is that the agreement is reached by the parties on the basis of legality and voluntariness to change the civil legal relationship, and it is different from the general contract because its emergence and conclusion depending on the network. The sudden outbreak of COVID-19 epidemic has affected all aspects of people's work and life. During the epidemic, people's travelling mobility has been greatly restricted, therefore, the online shopping has increasingly been regarded as people's shooping choice. But at the same time, the fulfillment of contracts is bound to be hindered. As a contract, the online shopping contract is inevitably affected by the epidemic. In view of the increasing proportion of online shopping in people's daily life, online shopping contracts also play an increasingly important role. This paper discusses the characteristics of online shopping contracts under the background of the recent COVID-19 epidemic, studies how to reduce the impact of the epidemic to fulfill online shopping contracts successfully, and researches liabilities should be taken on the online shopping contracts. 8) Taking the COVID-19 epidemic as an opportunity, this paper is studied from four parts. In the first part, it analyzes the legal nature of COVID-19 epidemic to difine and analyze COVID-19 epidemic, discusses the characteristics of force majeure and situation change, and probes whether COVID-19 epidemic belongs to force majeure or situation change. The second part analyzes the fulfillment of online shopping contracts under the COVID-19 epidemic, explores the essence of online shopping contracts, and analyzes the specific fulfillment of online shopping contracts. Then this paper discusses the liability for breaching online shopping contracts under the COVID-19 epidemic to conclude that different subject matter and different degree of breaching contracts should bear different liability; In the last part, it analyzes the guarantee of the fulfillment of online shopping contracts under the COVID-19 epidemic. In order to fulfill the online shopping contracts successfully, operators and consumers should use their rights carefully and fulfill their obligations according to the contract, and the regulatory authorities should take active supervision. This study explores the fulfillment of online shopping contracts under the epidemic in order to improve the protection of consumers' rights and the development of online shopping.

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