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Electronic Contracts: Formation of Electronic Contracts

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorElectronic Contracts: Formation of Electronic Contracts

On-line contracts signed electronically can be properly formed and perfected as are other contracts. They can be signed in environments that may only be accessed by specific companies conducting a certain type of business (e. g. EDI and Intranet contracts) [70] or in areas open to the public, for professionals/businesses or consumers. In the latter case, there are two basic aspects that have legal implications which must be considered when forming on-line contracts. These two aspects have been addressed by national laws[71], international organizations[72], and Community organizations[73], which have attempted to provide a uniform solution with the following: [

Formation of Electronic Contracts.

The first issue that arises in this case affects the formation of electronic contracts and specifically, the need to resolve the following aspects:

- the acceptance of the electronic medium by professionals and consumers as a means of signing a contract and the recognition of the electronic contract in subsequent contracts;

- the need for a writing or signature or other formal requirements for the validity of specific contracts;

- the need to fix the timing of and the content of the electronic offer and of electronic acceptance.

At the European Community level, the Directive regarding electronic commerce allows Member States to maintain some restrictions with respect to the use of 'on-line' contracts. These limitations affect contracts that require by law the involvement of courts, public authorities or professions exercising public authority (e. g. contracts dealing with the creation or transfer of rights in matters of real estate, contracts of suretyship granted and on collateral securities furnished by persons acting for purposes outside their trade, business or profession, contracts governed by family law and by the law of succession)

  1. Basic Information to Consumers

    In contracts concluded with consumers in an open environment (excluding electronic mail or other equivalent individual communication) , the European Community Directive demands that the supplier of services provides the consumer with basic information prior to the order being place by the recipient of the service. This information must be clear, comprehensible and unambiguous and must contain the following elements:

    - The different technical steps to follow to conclude the contract ;

    - Whether or not the concluded contract will be filed by the service provider and whether it will be...

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