[국제물품매매계약] 국제 전자계약에 관한 유엔 예비협약초안의 제정현황과 과제

A Study on Enacting Process and Problems of UN Preliminary Draft Convention in the Context of Int'1 Electronic Contracting

The present state of enacting process and an outline of the newly revised version of preliminary draft convention, which reflects the report of the worlcing group on electronic commerce on the work of its forth-second session, and problem and prospect are discussed. The conclusions are as follows thereof: Although the worlcing period of enactment is a few days old, the newly revised version is focused to try to realize simple, clarified and stand-alone convention dealing broadly with the issues of substantive law in electronic commerce. But as the indication of ICe about preliminary draft convention, although preliminary draft convention would not yet has been achieving a broad and comprehensive substantive law in electronic commerce, according to going though many deliberations and decisions, sooner or later it will attain its object. On the other hand, working group should remind of comments by ICe, that is to say, preliminary draft convention should be based on careful assessment in order to solve problems facing in using electronic contracting. It should avoid giving the impression to inel commercial worlds that it is fundamentally different from contracts under existing other inel trade conventions. It should be based on useful, practical and affordable all business. It should give the parties belief about the principle of contractual autonomy. Meanwhile, E-terms 2004 prepared by a task force whin ICC has to have a closed relationship with existing other int'l trade instruments as same as Incoterms has relationship with CISG in order to harmonize regimes established by UNCITRAL. Therefore a task force should be remind that E-terms 2004 has to be practical, contractual rules and guidance on regal issue related electronic commerce, which takes into account the different needs of large and small business and also reflects practical problems and solutions. Without harmonizing with E-terms 2004 and existing other int'l trade conventions, any conventions could not achieve their goal.