국제 전자상거래에서 CISG의 적용 가능성에 관한 검토
Review of the Applicability of CISG in International E-commerce
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Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.
Abstract
Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.
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