Review article
Meaning and Validity of an Electronic Contract and Providing Evidence for It: The Comparative Analysis
Genc Trnavci
; Pravni fakultet Univerziteta u Bihaću
Abstract
The legal regulation governing electronic transactions in comparative legal systems has been flourishing recently. International model laws and directives have paid a special attention to issues concerning the electronic contracts stipulation (i.e. a manifestation of relevant legal assent to conclude a contract), providing evidence on contract existence and interpretation of their content in civil procedures and electronic form as a requirement for contract to be valid and legally binding. By introducing the requirement of applying the advanced (secure, qualified) electronic signature, the legal regulations governing the above mentioned issues have also introduced norms on protection of electronic document integrity and electronic signature identity. Furthermore, completely new legal concepts have been developed in a domain of electronic commerce, i.e. electronic signature, secure (advanced) electronic signature, click-wrap licenses (click to agree contract), e-mail contracts, Internet licensing agreements etc. Comparative legal regulations on electronic contracts have introduced special and explicit rules governing the consumer protection, especially in cases when consumers enter into a contract by unintentional mistake. In addition, if the price indicated in the Internet contract is above a certain limit, some national legal systems require that signatures affixed to the electronic contract have to be authenticated.
Keywords
electronic contracts stipulation; electronic contracts interpretation; providing evidence on electronic contracts; electronic signature
Hrčak ID:
52627
URI
Publication date:
10.4.2009.
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