Features of legal regulation of distance agreement of purchase and sale in foreign countries
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 4, Issue
Abstract
Introduction. Contract formation by electronic means nowadays is a widespread phenomenon. Nevertheless electronic contracting has been thoroughly explored by scholars all over the world and regulated both internationally and domestically, there still remain some issues which need to be carefully analyzed. There are several levels of legal regulation of relations on the Internet: International; regional (within the framework of the European Union), national. At each of these levels, the legislator seeks to regulate contractual relations in the distance trade, which is expressed in certain differences and peculiarities of legal regulation. Purpose. The article is to study the existing legal framework of realization of contractual relations in the field of distance selling abroad and defining features of legal regulation of distance contract of sale in the US and European countries. Results. Contents of the distance agreement of purchase and sale constitute rights and obligations of the parties – the seller and the buyer. In world politics, there are different approaches to buying and selling. In the United States, Italy, Great Britain, the volume of legislative regulation is relatively large. But there are some, for example, the Netherlands, where the sale regulation is very limited. Along with the regulatory framework of the United Nations e-commerce industry, the European Union takes an active part in shaping international law in the area of electronic commerce. In 1997 the Directive «On Consumer Rights Protection in Distance Contracts» was adopted. In the United States, the sale is regulated by a special codified standard act – the Unіfоrm Cоmmеrcіаl Cоdе. Americans don’t need to fully comply with the terms of the offer and acceptance for the validity of the agreement. For the validity of the acceptance of the contractual agreement, it is necessary to ensure that the acceptance of such an acceptance on the part of the offender for a reasonable period of time. The feature of responsibility on the American continent is the primary consideration of the losses that arose in the perfect process for the performance of the contract. Conclusion. In some countries, attempts were made to amend the legislation in order to specially regulate the procedure for the conclusion of distance agreements of purchase and sale. Therefore, in fact, two regimes of regulation were created: for traditional contracts and electronic ones. In other countries, on the contrary, it was decided not to interfere in the field of legislative regulation, in order to avoid similar parallel regimes.
Authors and Affiliations
Krystyna Araikivna Bartashuk
Keywords
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