A formação dos contratos eletrônicos

Abstract

This study aimed to analyze the electronic contract, its validity requirements, elements and specific principles. It took as its starting point the development of e-commerce across the country, which despite its exponential growth in recent years, however, lacks a specific legislation which would certainly contribute to greater legal certainty this socioeconomic phenomenon. The issue has great economic importance due to the increase in e-commerce. The methodology used was doctrinal and jurisprudential research. The principles are the same for contracts in general and on the specific we can point out the principle of functional equivalence of electronic contracts, neutrality and continuity of the rules regulating the digital environment, conservation and implementation of existing legal standards to electronic contracts. It was approached the Law projects that pass in Congress on the subject, as well as the Law of UNCITRAL model. Electronic contracts can be classified into intersystemic, interpersonal and interactive contracts and their time training may vary according to the species, applying the rule of contracts between and away gifts, and part of the doctrine provides a further classification as to when the formation of electronic contract. Still address the place of contract formation, as well as the applicable law and the Consumer Protection Code can be applied indiscriminately to the electronic contract