Formação e validade dos contratos eletrônicos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This dissertation aims to analyze the formation and validity of contracts agreed through electronic means which came up with the convergence of informatics resources with the World Wide Web. It analyses the electronic contract formation entered into two individuals, one individual and an electronic agent or a computer program, and between two electronic agents or two computer programs. It examines the offer and acceptance over the internet, verifying the nature of the offer through a web site. Defines the electronic contract and affirm its full validity, analyzing the validity legal requirements. Indicates the main model laws that aim to be the guidelines for the legislative uniformity in different countries, being the main one the Uncitral Model Law. Also, indicates the main electronic contract rules in the European Union, United States of America and Spain. Regarding the Brazilian law, analyses the main electronic contract law projects being discussed in the Brazilian National Congress. Analyses the main innovations regarding the electronic contracting issue, among them the electronic record, the electronic signature, the digital certificate and the means of proving the electronic contract. It comes to a conclusion that as a consequence of the principle of freedom of form, the contract formed in electronic means is fully valid and effective, except only the solemn contract, for which the law demands special form as requirement of its validity. Also, concludes the effectiveness and validity of the electronic contract according to the Brazilian Law does not depend upon the edition of new rules regulating the electronic contracting

ASSUNTO(S)

contratos -- brasil -- processamento de dados comercio eletronico -- leis e legislacao -- brasil electronic contracting internet -- leis e legislacao -- brasil contratos eletrônicos direito

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