전자계약에 관한 국제협약 초안상의 계약법리에 관한 연구

Abstract

UNCITRAL Working Group on Electronic Commerce held an extensive discussion on issues related to electronic contracting and prepared and revised the UNCITRAL draft convention on contracts concluded or evidenced by data message.the UNCITRAL draft convention on contracts concluded or evidenced by data message.would seem to be focused to achieve the legal certainty and predictability which may arise electronic commerce.The purpose of this paper is to raise the understanding of the convention on the electronic contracting and the related contract law by studying the contents of Draft Convention on Electronic ContractingThis study is regarding the contract law with applying UNCITRAL draft convention on contracts concluded or evidenced by data message. UNCITRAL has prepared the draft to provide the legal framework to help facilitate e-commerce. Based on the Vienna convention made in 1980, this draft reflected the UNCITRAL model law on electronic commerce, UNCITRAL model law on electronic signatures, UETA of US and UECA of Canada. This draft doesn't separate electronic contracts from non-electronic contracts by the objects of trade, but it defines electronic contracts made by the methods of trades, in other words, data message. The draft doesn't deal with such problems as ambiguity, disagreement in interpretation or resolving disputes between the parties in contracts. The draft should be subject to review, discussion and approvals of countries, before becoming unified international laws on electronic contracts.