ABSTRACT
Formation and effect of Electronic Trade Contracting
Sun-woo Lee
Major of International trade
Graduate School of International Studies
Pusan National University
In the recent international trade, the change of their environment has been surprising. Es...
ABSTRACT
Formation and effect of Electronic Trade Contracting
Sun-woo Lee
Major of International trade
Graduate School of International Studies
Pusan National University
In the recent international trade, the change of their environment has been surprising. Especially, the rapid development of computer network affect the environment of international trade. Nowadays, most trade contracts are concluded by electronic method.
Electronic trade contracting can improve business's efficiencies, reduce paperwork, and streamline their operations. However it presents new challenges to existing contract principles in several areas such as offer and acceptance, the place and time of the contract and formal requirement of signature.
United Nations Commission on International Trade Law (UNCITRAL) Working Group has prepared the "Draft Convention on Contract Concluded or Evidenced by Data Message". This Draft for the international convention should reflect all delicate and complex problems, which may arise on electronic circumstances, equivalent to the United Nation Convention on Contract for the International Sale of Goods(CISG) in paper based circumstances, sphere of applicationincluding substantive and geographical sphere, general issues and special issues in the formations.
The purpose of this study is to review of legal issues or problems about offer and acceptance of electronic contracting. The method of contract formation have been mainly paper documents and something that has the same effect as paper documents. However they have been replaced with electronic means.
So several problems may be derived.
Firstly, legal effect in case of data message's utilization is acknowledged. A contract is formed through the exchange of offer and an acceptance. Under the CISG and UNCITRAL model law, computer-generated offers would be valid. Therefore, electronic messages could form a contract.
Secondly, an offer needs sufficiently definite contract terms and the intention of the offeror to be bound in case of acceptance. In the electronic contracting, a simple advertisement on the web is not an offer. It is only an invitation to make offers.
Thirdly, the method of communicating the acceptance of an offer affects both the time and place where the contract is concluded. The general rule is that the contract is not complete until the acceptance has been received by the offeror. In the modern electronic means or instantaneous communication, the "mailbox rule" dose not apply. Therefore, acceptance by E-mail, Electronic Data Interchange, and other electronic messages is effective only when it is received. Especially the location issues as well as the issues of the offer and invitation to offer in electronic contracting are quite different in electronic circumstances from the paper-based circumstances.
Finally, an offer and acceptance generally becomes effective when it reaches the offeree or offeror. This principal is also applied in case of the electronic contracting, The revocation and withdrawal of an offer and acceptance is the same.
An offer means a behavior which some one is introducing informations and prices details of commodities in internet in that sellers can't choose the all kinds of contracts. An acceptance means behavior which customer send a messages to web master with intent to buy some commodities by computer.
There are many problem the conclusion of electronic contract by electronic messages. it is very difficult to solve it.
If possible, it is desirable that a draft convention dose not only harmony with international instruments but also deal with problems that can exit for all international commercial contracts.
ABSTRACT
Formation and effect of Electronic Trade Contracting
Sun-woo Lee
Major of International trade
Graduate School of International Studies
Pusan National University
In the recent international trade, the change of their environment has been surprising. Especially, the rapid development of computer network affect the environment of international trade. Nowadays, most trade contracts are concluded by electronic method.
Electronic trade contracting can improve business's efficiencies, reduce paperwork, and streamline their operations. However it presents new challenges to existing contract principles in several areas such as offer and acceptance, the place and time of the contract and formal requirement of signature.
United Nations Commission on International Trade Law (UNCITRAL) Working Group has prepared the "Draft Convention on Contract Concluded or Evidenced by Data Message". This Draft for the international convention should reflect all delicate and complex problems, which may arise on electronic circumstances, equivalent to the United Nation Convention on Contract for the International Sale of Goods(CISG) in paper based circumstances, sphere of applicationincluding substantive and geographical sphere, general issues and special issues in the formations.
The purpose of this study is to review of legal issues or problems about offer and acceptance of electronic contracting. The method of contract formation have been mainly paper documents and something that has the same effect as paper documents. However they have been replaced with electronic means.
So several problems may be derived.
Firstly, legal effect in case of data message's utilization is acknowledged. A contract is formed through the exchange of offer and an acceptance. Under the CISG and UNCITRAL model law, computer-generated offers would be valid. Therefore, electronic messages could form a contract.
Secondly, an offer needs sufficiently definite contract terms and the intention of the offeror to be bound in case of acceptance. In the electronic contracting, a simple advertisement on the web is not an offer. It is only an invitation to make offers.
Thirdly, the method of communicating the acceptance of an offer affects both the time and place where the contract is concluded. The general rule is that the contract is not complete until the acceptance has been received by the offeror. In the modern electronic means or instantaneous communication, the "mailbox rule" dose not apply. Therefore, acceptance by E-mail, Electronic Data Interchange, and other electronic messages is effective only when it is received. Especially the location issues as well as the issues of the offer and invitation to offer in electronic contracting are quite different in electronic circumstances from the paper-based circumstances.
Finally, an offer and acceptance generally becomes effective when it reaches the offeree or offeror. This principal is also applied in case of the electronic contracting, The revocation and withdrawal of an offer and acceptance is the same.
An offer means a behavior which some one is introducing informations and prices details of commodities in internet in that sellers can't choose the all kinds of contracts. An acceptance means behavior which customer send a messages to web master with intent to buy some commodities by computer.
There are many problem the conclusion of electronic contract by electronic messages. it is very difficult to solve it.
If possible, it is desirable that a draft convention dose not only harmony with international instruments but also deal with problems that can exit for all international commercial contracts.
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