B to C 전자상거래에서 CISG의 2조 적용가능성에 관한 연구

Abstract

Purpose – As it transforms into a consumer-led e-commerce market, we present the legal applicability of the CISG to disputes arising from international e-commerce. Design/Methodology/Approach – Disputes arising from international e-commerce are mostly about contracts, and considering the principle of internationality of a CISG sales contract and the scope of human application, it can be seen that disputes arising from consumer-led e-commerce can be subject to CISG. Findings – Through case law analysis, a new perspective on the deficiencies of the agreement that occurred in consumer-led international e-commerce was presented, along with the burden of proof, thereby increasing the applicability of CISG in B2C transactions and protecting buyers. Research Implications – Disputes arising from international e-commerce mostly concern contracts. Since e-commerce is related to the form of the contract and includes transactions concluded electronically, CISG is applied in disputes related to the contract of sale by electronic means. Among the provisions of the Convention, the scope of purchase intention should be revised to be applied more broadly by pointing out that the buyer's intention is not limited to one, and the scope of the consumer's purchase intention is narrow through the case law of Article 2a, which causes many disputes in consumer-oriented e-commerce. In addition, if a seller proves that he did not know the buyer's purchase intention, the applicability of the clause may increase, so detailed provisions on the burden of proof of purchase intention should be added.