Internet - Lacuna Jurídica ou Inferno Legal / Internet - Legal Gap or Juridical Hell

AUTOR(ES)
DATA DE PUBLICAÇÃO

24/11/2005

RESUMO

The quick development of the Internet to include the exchange of goods and services can be compared to the industrial revolution. The total absence of frontiers on the Internet is both admirable and fearful. The growth of the Internet is in fact based on three different but connected factors: (i) the commercial factor; (ii) the technological factor; and (iii) the legal factor. There is no uniform or harmonious command for the Internet. The operation of the Internet today is an organizational mosaic. The Internet is independent ; however it cannot subsist without the influence of a legal system. The national laws of any country are suited for application to commercial transactions made by the Internet because there is no single regulation. Nevertheless, such laws may not be applied immediately because they would have to be adapted to the new legal patterns used on the Internet. This paper is the first part of a larger project: the influence of the Internet on the Brazilian law. As it is just a preliminary paper, it concentrates on the legal aspects that have been affected the growth of the Internet. The first phase of this paper is the bibliographical. On this part, it was able to identify and compare the legal patterns already used on the Internet with the applicable laws in common law and civil law systems. On the next phase of this paper, the key issues that identified in the selected bibliography have been classified into key words. This paper shall be useful afterwards on a larger project, where a compared legal proposal between common law and civil law systems would be the basis of an analysis related to the influence of the Internet on the Brazilian legal system.

ASSUNTO(S)

internet comércio eletrônico b2b serviços eletrônicos propriedade intelectual

ACESSO AO ARTIGO

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