유럽 계약법의 새로운 변화 -온라인의 거래지침안과 디지털 콘텐츠 제공계약에 대한 지침안(Richtlinienvorschlage)의 배경과 그 일반적 내용을 중심으로-

The EU has chosen consumer law as an important means of integrating civil law in EU and has made several legislative attempts. This attempt is a proposal for a common sales law which stipulates a complete harmonization of the sale rules of the EU member Countrys and two Directives for its frustration. Within this Directives, it is suggested that digital content provision is covered by a single contract group and that the liability can be applied. In addition, the fact that the data is set as the means of payment for the contract is a matter that should be examined in the Civil Code. It is our duty to refer to the fact that the general theory of contract law of liability as collateral can be applied to a relatively new contract law area. The expansion of collateral liability is a significant milestone in terms of the private remedy of the parties to the contract. It is even more meaningful when considering the reality of our law, in which the settlement of consumer disputes is largely solved by the executive power of the Fair Trade Commission. It is necessary to carefully watch how these Directives are translated into domestic law in Germany or France, and should be a good example to our law.