Proceedings of the 2018 2nd International Conference on Management, Education and Social Science (ICMESS 2018)

Functional-Equivalent Approach in UNCITRAL Electronic Commerce Legislation

Authors
Guomin Lyu, Shengmian Zhou
Corresponding author
Guomin Lyu
Keywords
Functional equivalence; Electronic commerce legislation
Abstract
This paper sums up the legislative value of the functional-equivalent approach by analyzing its specific application in the electronic commerce legislation, and believes that the approach can better deal with traditional legal obstacles which the indirect electronic commerce faces. However, with the rapid development of direct electronic commerce, the limitations of the functional-equivalent approach have begun to magnify. On the basis of the limitations, the authors argue that the legislation of electronic commerce shall be transformed from the dual-track system of functional equivalence to a new stage of uniform law appropriate for the traditional and electronic commerce ultimately.
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