國際去來에서 電子契約 成立의 障碍要因에 관한 硏究

A Study on the Obstacles of International Contract in Electronic Commerce

The purpose of this study is to examine the legal aspects on the formation of international contract in electronic commerce. The findings could be summarized as follows. First, the contract doctrine on the contract formation by electronic data message, time of dispatch and receipt of data message, error in electronic communication, contract form and electronic signature could be supported or protected by the existing contract doctrine. Second, in relation to the contract formation arranged by electronic agents, the established contract doctrine provides no clear answer to the question whether changes provided by the interaction of electronic agents are enforceable. The enforceability question is left to future legislation. Finally, It is necessary that a significant level of formality together with the disclosure on the contract formality by certain act be conveyed to a potential buyer so that the buyer is impressed that the contract by the certain act could be valid.