Original scientific paper
Applicable law for contracts in e-commerce in Croatian and European private international law
Hrvoje Sikirić
Abstract
The article outlines the basic characteristics of electronic commerce and goes on to present basic substantive rules for electronic commerce, especially those contained in the Law on Electronic Commerce and EC Directive 2000/31 of the European Parliament and the Council on electronic commerce. Special attention is paid to the effects of conflict of laws in their rules on the right to render services in information society. The central part of the article is dedicated to considerations on the application of provisions on contractual statute from the Croatian Law on private international law and the Rome Convention on the Law Applicable to Contractual Obligations to contracts where negotiations were held, concluded and/or should be carried out by electronic means. Regarding the primary contractual statute it is pointed out that the directive on the choice of applicable law should be clearly visible on the web page, or in electronic mail. Regarding subordinate contractual statute it is concluded that facts pursuing from the technical basis of electronic commerce do not have sufficient conflict of laws weight to abolish the application of law of the state with which the service provider, as the contractual party performing characteristic activity, is spatially related.
Keywords
electronic commerce; law applicable to contracts; private international law; European law; Rome Convention; Directive 2000/31/EC
Hrčak ID:
6465
URI
Publication date:
5.12.2006.
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