유엔 전자계약 예비협약초안의 적용범위와 총칙규정의 심의내용에 관한 연구

A Study on Deliberations and Decisions of Sphere of Application and General Provisions on UN Preliminary Draft Convention on International Contracts Concluded or Evidenced by Data Messages

On the above, the present situation and outline of preliminary draft convention deliberations and decisions of sphere of application and general provisions under it and provisional agenda of meetings of the forty-first session, problems and alternative of revisied directions by working group are discussed. The conclusions are as follows there of : Secretariate 's draft based on reports of the working group IV (electronic commerce) on the work of its thirty - ninth and fortieth sessions, and annotations thereto by uncitral which will be held at Vienna until 18 July 2003 form 30 June, 2003, will be official draft convention by working group. Until now through may documents on the base of meetings by working group and uncitral, we could strongly feel that, irrespective of initial goal for draft convention, meetings for deliberation than advanced progress will be continued because of the changing actual of electronic contracts and the conflict with other convention. Therefore enactment of uniform law for electronic contracts will be very difficult or may be to need long time for establishment by law. It's deliberation on the preliminary draft convention by holding a general exchange of views on the form and scope of the instrument is evidencing for this. Preliminary draft convention is not-substantive law. Inspite of that, it has some substantive provision, this will make enactmen of draft convention difficult or complicated. Draft convention has interpretation of convention but there is no interpretation for contents of contracts. This will result in impossibility of its duties because the role of interpretation of convention support basically interpretation of convention. Therefore draft convention must draft additionally interpretation for contents of contracts. If so, except it, draft convention must draft also substantive provisions. This problem is big one. If possible, according to initial goal for draft convention for electronic contracts, without heavely having a regard for public opinion, the form of the instrument to be prepared could be that of a stand-alone convention dealing broadly with the issues of contract formation only in electronic commerce.