전자무역계약에서의준거법 결정 요인에 관한 연구

Many contracts are now made to some extent electronically, and this can only increase inthe future. These electronic contracts are made between a person and an electronic agent. To understand applicant law in electronic trade, we need to begin by asking what contractlaw governs electronic contracts dealing with information as the subject matter. The first concerns what applicable law governs the contract. The issues here involvetraditional "choice of law" or "conflicts of law" questions. Since many electronic contracts forinformation assets occur online, the choice of law questions are often made difficult by thecapability of online systems to function independent of geographic boundaries thattraditionally defined the scope of a given country or state's law. The second dimension of the question asks which body of contract law within a jurisdictiongoverns the transaction. While contract law is at least within a given jurisdiction, the realityis that both in common law and in statutory or regulatory dimensions of law, numeroussub-fields of contract law exist with their assumptions about applicable law, and otherimportant issues. This article offer to some guidance to resolve in applicable law conflict to make contracton electronic trade.