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A study on the preliminary draft convention on international contracts concluded or evidended by data messages

  • Informatization Policy
  • Abbr : 정보화정책
  • 2003, 10(3), pp.63-82
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

김영훈 1

1호서대학교

Candidate

ABSTRACT

As a general matter, traditional contract law principles can and should apply to electronic contracts. However, the creation and use of electronic contracts raises new and unique issues of law not easily resolved under traditional rules. So, the e-specific law is being required from many components of the society, and there is no reason why a special treatment is necessary in the international trade. Accordingly, UNCITRAL has made many rules addressing e-commerce. In addition, electronic contracting issues-specific rule is under deliberation from march 2001 by Working Group Ⅳ of UNICTRAL. This new rule addresses issues raised by electronic equipments, especially, electronic messages. On the other hand, in Korea work to revise the law relating to electronic transaction began. So, there are overlapping provisions on certain matters between both. Therefore, I expect that study of the rule above mentioned will give to the legislature a little help for resolving problems which the law under revision in Korea has confronted, and for making a contribution to harmonizing Korean law with international rules.

Citation status

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