Contracts concluded by electronic means from an international aspect

Abstract

The world of e-commerce, taken from a cross-border perspective, provides the capability of buying and selling products through the conclusion of electronic contracts. Due to the increase of commercial activity within the 'global network', national governments and supranational bodies, the WTO introduced laws and guidelines to regulate and harmonise electronic commerce, in order to make e-consumers confident whilst purchasing online products from e-businesses. However, one drawback which is evident in the international development of e-commerce and trade is the resulting increase in disputes arising between e-businesses and e-consumers in different jurisdictions, which have become, as North has affirmed the 'seed-bed for international conflicts' . 福利在线免费 Communication Technology has created a borderless 'cyber market' which allows e-consumers to contract electronically internationally, which is easy, convenient and low cost and due to this achievement, on-line trading between e-businesses and e-consumers has grown enormously. Per definition this has however alone created new challenges and serious strain on the traditional concepts of jurisdiction, applicable law and conclusion of contracts as well as on other more specialised areas of the law as consumer protection legislation. The first Chapter of this dissertation introduces the reader to consumer protection legislation, encompassing the legal rights one is entitled to whenever an e-consumer purchases goods online through the use of electronic contracts. Consumer protection is one fundamental element that exists in cross-border transactions within the EU. Is the legislation tackling consumer protection up to date with electronic contracts, purchasing through cross-borders? is reform needed to clarify uncertainty? These are the core questions which this Chapter attempts to answer. In the second Chapter, the reader will become aware of which types of electronic transactions are best to use in the digital world in order to ensure that the conditions used by the e-seller are just and therefore to ensure the utmost of one's consumer protection. Also, the law applicable will result in different moments of conclusion of electronic contracts and this potentially adds to the confusion o the e-parties of an online contract. This Chapter will also look into the different methods of electronic signatures which are present in an online contract and whether they serve as a reliable method. The Proposal to a Consumer Rights Directive aims to replace the current patchwork of consumer protection legislation with one EU-wide set of rights, offering equal protection to consumers while reducing compliance costs for retailers. Nonetheless is this approach illusory? This is argued in Chapter 3. When an e-consumer purchases goods through electronic contracts, he or she can avail himself or herself of certain rights enshrined in 'hard Law' instruments. However, this is not enough. Therefore 'soft law' instruments come into practice which offers guidelines to e-consumers when transacting cross-borders through electronic contracts. This dissertation also focuses on various such 'soft law' instruments which create certainty whilst purchasing goods online, across-borders. This is discussed in Chapter 4. Another important factor that encourages e-consumers to purchase goods online across borders is the creation of an effective means of redress in case of a dispute or complaint. This contributes to an increase in e-consumer confidence in the digital environment and is achieved by various Alternative Dispute Resolution Mechanisms, such as the ECC-Net. However, since cross-border transactions occur online, the importance of promoting Online Dispute Resolution mechanisms are highlighted in the last chapter. This dissertation provides a number of recommendations in order to enhance e-consumer confidence when purchasing goods through electronic contracts transacted across borders. It provides a focused assessment of the current situation and suggests legislative and practice-oriented interventions in this complex area of law.