E-contract–conclusion and validity/Е-уговор-закључење и пуноважност

Kambovski, Igor (2021) E-contract–conclusion and validity/Е-уговор-закључење и пуноважност. International Scientific Conference ”Law and digitalization”, Faculty of Law, University in Niš, Serbia-Collection of papers. pp. 41-50. ISSN 978-86-7148-286-8

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Abstract

The electronic contract is an agreement concluded at a distance by electronic means of communication, with the use of information technologies. However, electronic means are used not only for concluding the contract, but also for agreeing on its content and elements, or for influencing its performance and its execution. As with the traditional contract, it occurs at the moment of accepting the offer, or at the moment of reaching the agreement of the wills of the two contracting parties. In order to legally regulate the conclusion of the contract by way of exchange of electronic documents, it is necessary to determine: whether the conclusion of agreements in this way can be subsumed under the already existing distinction of conclusion of contracts inter absentes and inter praesentes, or becomes an assembly for a new type of conclusion; and whether and when the use of electronic documents satisfies the legal and agreed written (ad solemnitatem or ad probationem) form. The main question that arises in the analysis of the electronic contract is the question of the validity, ie whether the agreement concluded by electronic means is valid and whether on the basis of such an answer can be sought execution liability. The speed and dynamics of the development of information technologies and their increasing se by the participants in the trade transactions within E-Commerce indicate the fact that the electronic conctract in the near future will “prevail” over the formal written contract due to a number of advantages

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	18 Feb 2022 07:14
Last Modified:	18 Feb 2022 07:14
URI:	https://eprints.ugd.edu.mk/id/eprint/29425

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