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The Time of Formation of Electronic Commerce

Thanks to the development of information telecommunication technology and the increase of e-commerce through internet emerges in the transaction market to form new economic paradigm. The Electronic Commerce has been taking up one’s residence as a sale of goods, but contains lots of legal problems. It are considered not only a geographical factor but a period retaining a effect of offer to distinguish between a contract between dialogists and one’s contract to another living in a different locality. In the electronic commerce, a business has certain time to determine assent or refusal after receiving consumer’s offer. Therefore, the electronic commerce is applicable to one’s contract to another living in a different locality. Secondly, the Framework Act on Electronic Commerce article 9 (1) provides a effect of data massage, but a fore provision disagrees with a following provision in the time of formation. For the purpose of being in accord with both sides, it must be amended that a condition of fore provision is not a condition Precedent but a condition subsequent. Finally, there is an uncertainty as to a time of formation if business doesn’t accept or refuse an consumer’s offer. To removing an uncertainty, it must be supplemented a provision that treats an absence of an assent or a refusal as an assent like the Commercial Act article 53. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message.