전자무역계약에서의 준거법 결정 요인에 관한 연구

Determining Applicable Law on the Electronic Trade

Many contracts are now made to some extent electronically, and this can only increase in the future. These electronic contracts are made between a person and an electronic agent. To understand applicant law in electronic trade, we need to begin by asking what contract law governs electronic contracts dealing with information as the subject matter. The first concerns what applicable law governs the contract. The issues here involve traditional choice of law or conflicts of law questions. Since many electronic contracts for information assets occur online, the choice of law questions are often made difficult by the capability of online systems to function independent of geographic boundaries that traditionally defined the scope of a given country or state s law. The second dimension of the question asks which body of contract law within a jurisdiction governs the transaction. While contract law is at least within a given jurisdiction, the reality is that both in common law and in statutory or regulatory dimensions of law, numerous sub-fields of contract law exist with their assumptions about applicable law, and other important issues. This article offer to some guidance to resolve in applicable law conflict to make contract on electronic trade.