A Comparative Study on the Form Requirement of Electronic Trade Documents under the Existing International and National Regulations：Focused on English, American, and Korean Laws
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This article attempts to describe and analyse the relevant provisions on the form requirements in the contracts for sale of goods under selected international and national regulations in a comparative way. International sales transactions are, in general, doing conduct with specific written documents even though most regulations in the world provide a written form is not necessary to make a contract for commercial transactions. Form requirement is needed in some international trade documents. Writing and signature raises a level of certainty and provides a record of the terms of agreement. It also fosters better communications given difference in law, language and culture amongst participants of international trade. When electronic communication means are used for the international sale of goods, it may not be obvious whether an electronic document has legally the same characters and functions as a paper-based document. In addition, although many international instruments relating to e-commerce have been set forth in the last decade, those may no bet exactly same provisions in terms of form requirement. In that respect, this article analyses how to solve the differences of the provisions relating to form requirements in international and national regulations.
Abstract
This article attempts to describe and analyse the relevant provisions on the form requirements in the contracts for sale of goods under selected international and national regulations in a comparative way. International sales transactions are, in general, doing conduct with specific written documents even though most regulations in the world provide a written form is not necessary to make a contract for commercial transactions. Form requirement is needed in some international trade documents. Writing and signature raises a level of certainty and provides a record of the terms of agreement. It also fosters better communications given difference in law, language and culture amongst participants of international trade. When electronic communication means are used for the international sale of goods, it may not be obvious whether an electronic document has legally the same characters and functions as a paper-based document. In addition, although many international instruments relating to e-commerce have been set forth in the last decade, those may no bet exactly same provisions in terms of form requirement. In that respect, this article analyses how to solve the differences of the provisions relating to form requirements in international and national regulations.
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