about electronic signatures there are more or less some writings concerning their legal aspect. but in those writings there has been a little attention to credibility and evidential value of the electronic signatures. some questions and ambiguities despite being set before has not been answered at all or answered unsatisfactorily. meanwhile, some authors have made mistakes and some have set tri...

With the popularity and development of the Internet, E-commerce gradually spearhead the international trade, and become the main medium of trade. The application and development of E-commerce poses a severe challenge toward the traditional legal system, and bring about lots of new legal problems, especially worrisome is the evidence of E-commerce, which constitutes the major stumbling blocks in...

The law has failed to keep apace with the rapid rise in e-commerce. This is particularly so when e-commerce spans national boundaries. There exists a regulatory gap that may result in unexpected outcomes for e-commerce companies involved in litigation. This paper investigates the possibility and feasibility of employing the concept of international commercial custom (hereinafter referred to as ...

Electronic commerce refers to all commercial transactions based on the electronic processing and transmission of data, including text, sound and images. This involves transactions over the internet, plus electronic funds transfers and Electronic Data Interchange (EDI). Onone level, electronic commercebegan in themid-1800s,when thefirst contract was entered into using the telegraph or telephone....

Electronic commerce has added a new complex issue to international trade. It is based upon the assumption that buyers and sellers conduct business with very little information about each other. This lack of information about the contracting parties reputation makes risk assessment more complex and the importance of trust in online contracting becomes increasingly important. The difficulties and...

Electronic commerce has the potential to deliver goods and services to customers more quickly, cheaply, and conveniently than ever before. But before performance the obligations have to be created. This paper explores the semiotic and legal aspects of online contracts. It reviews speech act theory from philosophers such as Austin and Searle to explain how words and actions can create legal obli...

In this paper I will examine one element of a wider discussion on the harmonisation and globalisation of commercial law as a response to the development of electronic commerce. Over the past decade we have seen many developments at a regulatory level associated with electronic commerce which have impacted on the body of law we know as ‘commercial law’. However, there are also implications for a...