전자거래규정의 민법에의 편입

Reception of provisions for E-commerce in Civil Code

It is a warm controversy whether the civil code should be revised or not for electronic commerce. In spite of conservative opinions, the civil code should be revised to make provisions for electronic commerce like that of german or french for several reasons as following; ① enhancement of interpretation of the civil law, ② sustenance of unity of act and statute, ③ need for provisions to exclude civil code in electronic commerce, ④ preparation for continuous development in information society ⑤ consumer protection in electronic commerce. However It is not necessary to receive all provisions of Framework Act on Electronic commerce in the civil code. In my opinion, The followings should be newly established in the civil code; ① terminology of “electronic transactions or “electronic contract , ② terminology to design for legal communication (Willenserklärung) in electronic transactions(contract), ③ Attribution of electronic communication, ④ remoteness of electronic transactions, ⑤ time and place of dispatch and receipt of electronic communication, ⑥ Acknowledgement of receipt, ⑦ exclusive provisions for electronic communication. The regulations in detail to be revised is a heavy task of jurists, so they have to discuss it prudently and profoundly for our next generation.