The distance agreement of purchase and sale: concept, essence, legal adjustment

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The distance agreement of purchase and sale: concept, essence, legal adjustment

Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 3, Issue

Abstract

Introduction. The current stage in the development of market relations in Ukraine and in the world is characterized by the development of new forms of entrepreneurship, in particular the expansion of Internet commerce. Exploring statistics, worldwide online trading increased by 16 % in 2017, reaching 1.5 trillion dollars, while, for example, the US purchases goods through the worldwide network of more than 70 % of consumers. The domestic segment of e-commerce is much more modest, as the market is in the stage of formation and development, the rules of the game are defined and new directions of the goods and services sales through the Internet are formed. In Ukraine, the volume of sales of goods using the Internet site in 2017 amounted to about 50 billion UAH, while only 6.9 million consumers or 31 % of Ukrainians have access to the Internet form the market for domestic e-commerce. In this context, the formation of a legal framework and ensuring the legitimacy and security of the implementation of distance trading operations are of great significance not only from the use of the World Wide Web tools, but also by other means of telecommunication, such as e-mail, television, etc. The great number of discussions among a wide range of specialists, scientists and a significant part of consumers got conclusions on contracts for the certification of civil-law relations for the implementation of distance selling of goods. The contract itself creates a clear relationship between consumers who sell various types of goods and services on the Internet – sell, purchase, exchange, loan, finance, invest; book tickets, hotels, transport; play on stock markets, in casinos; advertise, open bank and e-bills, that is, practically realize most of the operations known in the traditional business environment. Hence, it is extremely important to study the legal framework, which provides full economic relations between the parties in the field of implementation of distance trade. Purpose. The purpose of the article is to study the conceptual apparatus, the essential characteristics and the current legal framework for the implementation of contractual relations in the field of distance trading using modern telecommunication facilities (Internet, postal communication, television, etc.). Results. In the article, we determined that a distance contract of sale is a contract concluded at the distance between the buyer and seller of the goods or services, using the means of remote communication, which enables the seller to realize the existing product (service), and the buyer, in determined by the delivery service delivery time, receive the product (service) of the appropriate quality, specification and quantity. The regulatory framework for the contractual regulation of distance trade consists of the Laws of Ukraine (About Consumer Rights Protection, About Electronic Commerce, About Electronic Documents and Electronic Documentation, etc.), CMU Decrees («About Approval of the Procedure for the conduct of trading activities and rules trade servicing in the consumer goods market», «About approval of the Rules for the provision of postal services»), regulatory acts of other state authorities. The law does not explicitly define the form of the distance contract agreement, therefore we are proposed in the Article 11, Article 11 of the Law of Ukraine « About e-commerce» to make the following changes, namely to supplement it with the following norm: «... it is necessary to implement a transaction of distance sale of goods (services) implementing it using the oral form of the contract, when the contractual relations are realized once, and in writing, when formed on a long-term basis. The right to choose the registration of contractual relations is provided to the parties to the distance contract of sale in accordance with the current legislation». The essential terms and conditions of the distance trade agreement must be supplemented by the terms of delivery and terms of transportation, since in some cases it is important for the customers to supply the term and receive the goods in the appropriate quality and quantity. It is also not filed in the conditions and the occurrence of force majeure during the movement of the cargo, which should also be added. Conclusion. In the article, we determined that a distance contract of sale is a contract concluded remotely between the buyer and seller of the goods or services using the means of remote communication, which allows the seller to realize the existing product (service), and the buyer, in the specified services delivery time, to get the product (service) of the appropriate quality, specification and quantity. The regulatory framework for the contractual regulation of distance trade consists of the Laws of Ukraine («About Consumer Rights Protection», «About Electronic Commerce», «About Electronic Documents and Electronic Document Transfers», etc.), the CMU Resolution «About Approval of the Procedure for the conduct of trade activities and the rules of trade service on the market of consumer goods», «About approval of the Rules for the provision of postal services »), legal acts of other bodies of state power. The law does not explicitly define the form of the distance contract agreement, therefore, we are proposed in Article 11 (6) of the Law of Ukraine «About e-commerce» to make the following changes, namely, to supplement it with the following norm: «... it is necessary to implement the operation of remote sale of goods (services) implementing it using the oral form of the contract, when the contractual relations are realized once and in writing, when formed on a long-term basis. The right to choose the registration of contractual relations is provided to the parties to the distance contract of sale in accordance with the current legislation.» The essential terms and conditions of the distance trade agreement must be supplemented by the terms of delivery and the terms of transportation, since in some cases it is important for customers to deliver in time and receive goods in the appropriate quality and quantity. It is also not filed in the conditions and occurrence of force majeure during the movement of cargo, which also should be regulated by law.

Authors and Affiliations

Krystyna Araikivna Bartashuk

Keywords

EP ID EP671244
DOI -
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