격지자 간의 청약과 승낙의 효력발생시기와 계약의성립시기에 관한 비교법적 고찰- 한국법과 비엔나협약을 중심으로 -

Purpose : The purpose of this study is to review the legislative cases of the Korean law and the Vienna Convention, and to re-establish the timing of effect of acceptance between the Abwesenders and the timing of the establishment of the contract. Research design, data, methodology : In order to achieve the purpose of this study, we conducted a literature review on the timing of contracts and the effect of contracts between the Korean law and the Vienna Convention. Results : The conclusion of this study is that the law of Korea or the Vienna Convention is effective only when it is reached to the other party. If the acceptance becomes effective, the contract shall be established on the date of sending the notification of acceptance retroactively under Korean law, In the Vienna Convention, a contract must be deemed to have been established on the date of acceptance. Conclusions : Recently the most of theory have adopted Mailbox Rule under Korean Laws and Principle of Empfangstheorie has been adopted under Vienna Convention. However, in this article, it was identified as both of The Korean law and the Vienna Convention are adopting principle of Empfangstheorie on the effect time of offer. And as regard concluding time of contract, under Korean Law it is adopting mailbox theory while under Vienna Convention adopting Empfangstheorie.