Summary: | 博士 === 國立中興大學 === 法律系 === 88 === Envisioning the incoming net era, theories of digital economy and e-commerce economy slowly drive the traditional trade environment to the new direction of global, technological and individual variety development. To the related legal development in sense of its regulatory as well as promotional functions, the primary issues to be covered shall at least include the legal infrastructure development of each trading nations and the harmonization of international legal systems. Therefore, it is the main purpose of this dissertation to base the study on the in-depth understanding to the fundamental technological and economic factors affecting the electronic or digital trade. Then, the study firstly focuses on the legal issues relating to contemporary electronic data interchange (EDI), including the subject matters, formation, validity and the enforcement of the electronic or digital contract. Based on the EDI experiences, a comparative study is further conducted to cover the issues relating to the development of international legal rules and customs as well as foreign advance experiences so as to provide Taiwan references for our own future legal development. Basically, the major contents of this study cover not only the traditional civil and commercial laws but also the electronic fund transference, jurisdiction and the dispute settlement issues.
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