계약의 성립에 관한 소고

A Study on the Formation of contract - Focused on Formation of contract on civil law and Electronic Contract -

This study describes a point of difference and point of similarity about a formation of contract in traditional transaction, a formation of contract in the Electronic Contract, especially about a formation of contract according to offer and acceptance. A formation of contract in the Electronic Contract also has a fundamental formation as an ordinary contract is completed by offer and acceptance. As a result, it is concluded that a formation of contract in the Electronic Contract is ruled by Civil Law in principle. Therefore, most of the legal problems which it happens on completing of contract in the Electronic Contract will be solved fundamentally by a general principle on Civil Law. But it is a fact that an established legal system as well as Korean Civil Law exclude a formation of contract in the Electronic Contract in cyber-space, And in some case, it may not proper if an Electronic Commerce in cyber-space is ruled on a same standards (an established legal system) as an ordinary transaction in our practical world. Making ourself ready for this case, we must sufficiently examine related-regulations on Civil Law and another laws, and we must constructively cope with and subsume a new phenomenon of an Electronic Commerce by planning related-legal regulations on the Electronic Commerce in a field of Civil Law and traditional private law.