국제 물품매매계약에 있어 승낙전자통신의 효력발생시기와 장소에 관한 연구 (CISG와 유엔전자협약초안을 중심으로)

Study on Effective Place and Time of Electronic Communications for Acceptance in int'l Sale Contracts of Goods

This thesis basically places the focus on when and where electronic communications become effective on the base of the necessity of communications. The conclusions based the grounds of an argument and a logical point of view up to the present are an follows: First of all, as general comments, the relationship between the both conventions, CISG and draft Convention on the use of electronic communications in int'l contracts is not horizontal but vertical. Although Secretariat was requested to circulate the revised version, that the say, final draft convention to Governments for their comments, with a view to consideration and adoption of to draft convention by UNCITRAL at its thirty-eight session opened at vienna through July 4-15, and as a result of that, final draft convention will be passed through the UN General Assembly, and it will be applied to the use of electronic communications in int'l contracts, in spite of that, especially CISG with respect to int'l sale contracts of goods is a mother law and draft convention is supplementary law for it. Therefore a comprehensive understanding of CISG including time and manner for indicating assent, effect for acceptance, when communications reaches the addressee is very important. It is the reason that draft convention is law for the objectives of legal certainty and predictability of the draft convention aimed to achieve and, through draft convention, the contracting states could use the provisions of it to remove possible legal obstacles to electronic commerce that might arise from the interpretation of CISG including other existing conventions and to facilitate their application in cases where the parties conducted their transactions through electronic means.