Research On Stipulation Of Errors In Electronic Communication In The United Nations Convention On The Use Of Electronic Communications In International Contracts

The rapid development of international electronic commerce since 1990s has not only promoted the convenience and promptness of international trade, but also incurred relevant legal issues in the field of international contract in the meantime. With a view to eliminate the legal obstacles existing in international contract legislation which prevent international electronic commerce from developing as well as enhance the consistency and predictability of legal rules on international electronic commerce, the United Nations Commission on International Trade Law (hereinafter referred to as "UNCITRAL") successively promulgated the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures and adopted the United Nations Convention on the Use of Electronic Communications in International Contracts (hereinafter referred to as "UECIC") in 2005.As the first worldwide convention on electronic commerce, UECIC stipulates in detail various legal issues concerned in the course of concluding international contract by means of electronic communication, including but not limited to legal recognition on electronic communication, requirements on the form of electronic contracts, time and place of dispatch and receipt of electronic communication, use of automated message system for contact formation and errors in electronic communication.This thesis begins with introducing the historical background and process of the enactment of UECIC and the article of errors in electronic communication therein by taking the article regarding the errors in electronic communication, one of the important stipulations in UECIC, as the subject of research. Based on the specific content of the article of errors in electronic communication, the thesis then interprets the said article in a legal sense, defines and clarifies several concepts contained therein such as electronic communication, input error, withdraw, etc. The thesis further analyzes the premises for application and conditions for restriction of the article of errors in electronic communication in UECIC by comparing with other international or domestic legislation relating to errors in electronic communication. In the end this thesis uncovers the defect and incompleteness of the article of errors in electronic communication in UECIC and calls for efforts for future remedies and supplementations for the said defect and incompleteness in the legislation of international electronic commerce.