Pregledni rad

ONLINE CONTRACTS – SHRINKWRAP, CLICKWRAP AND BROWSEWRAP CONTRACTS

Dubravka Klasiček orcid.org/0000-0001-6230-5203 ; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet Osijek *
Amalija Bratek orcid.org/0009-0001-0217-7665 ; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet Osijek

* Dopisni autor.

Sažetak

Entering into a contract by accepting the pre-drawn conditions of one party, significantly speeds
up, facilitates, and lowers the costs of its conclusion while on the other hand it entails certain
negative consequences for the person who agrees to the conditions drawn up by someone else.
When concluding such contracts, the party who agrees to them does not have the opportunity
to negotiate their content, that person can only agree to or refuse them. A huge number of such
contracts are concluded online today, without many of those who conclude them being aware
of it at all.
Today, three types of contracts that are concluded by accepting terms of use of various internet
platforms are most often mentioned, but it should be taken into account that many platforms
do not have one “pure” type of this contract, but a combination of them. These three types
are shrinkwrap, clickwrap, and browsewrap contracts, where the main difference is in the
way the user agrees to them. In this paper, the authors will discuss these types of contracts,
explaining their basic similarities and differences, their basic characteristics together with
problems associated with them.

Ključne riječi

online contracts; browsewrap; clickwrap; shrinkwrap; terms of use; internet platform

Hrčak ID:

319158

URI

https://hrcak.srce.hr/319158

Datum izdavanja:

12.7.2024.

Podaci na drugim jezicima: hrvatski

Posjeta: 310 *