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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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UNCITRAL Working Group(Ⅳ) has prepared the 「Preliminary Draft Convention on Contracts Concluded or Evidenced by Data Message」 from the thirty-ninth session in 2002. This Draft for the international convention should reflect all delicate and complex problems, which may arise in electronic circumstances, equivalent to the CISG in paper based circumstances. Besides CISG, the rationale for enacting the new international convention is to enhance legal certainty, transparency and predictability in international transactions concluded by electronic means.The purpose of this paper is to examine any general or particular problems in the application of the Preliminary Draft in case of electronic contracting: sphere of application including substantive and geographical sphere, general issues and special issues in the formation of contracts, and the writing and signature requirements.Especially the location issues as well as the issues of the offer and invitation to offer in electronic contracting are quite different in electronic circumstances from the paper-based circumstances. Moreover for the mistaken and error in electronic commerce made by natural person or automated system, even though it is very important in electronic communication, the Preliminary Draft does not include any provisions on these issues. Thus the writer thinks that it is desirable for the new convention on international electronic contracting would be include the basic provisions peculiar to electronic circumstances, to compliment the CISG.
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