Os contratos no comércio eletrônico: (uma análise sobre a sua validade)

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The present essay provides law practitioners with an opportunity to widely reflect about validity of contracts formed in the electronic commerce by the Brazilian legal systems point of view. It offers subsides that facilitate a better understanding of the electronic form of contracting, while it points out distinctions between the electronic form and the written form of documents. It presents legal subsidies that contribute with the legal-technical analysis that tends to the solution of controversies related to the issue, especially controversies related to validity and enforceability of contracts formed in the electronic commerce. It searches to establish the notion of formal and material elements that limit the electronic contracts framework as valid, trying to identify the requirements that must be fulfilled in order to assure enforceability to such contracts, essentially those related to electronic documents signature. It analyzes particular principles of the electronic commerce, like functional equivalence and technological neutrality in order to exposure the importances degree of such principles. Finally, it realizes that the Brazilian law does not preclude the occurrence of contracts in the electronic commerce. Through a not specific legal framework, but based upon general legal guidelines, there is strong basis above which such contracts can be considered valid and enforceable, fulfilled specific requirements

ASSUNTO(S)

contratos -- brasil electronic commerce internet comercio eletronico -- leis e legislacao -- brasil direito comercial contratos eletrônicos electronic contracts

ACESSO AO ARTIGO

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