New COntracting Models On Internet. Click Agreements And Browse Agreements

Páginas: 27 (6727 palabras) Publicado: 1 de abril de 2012
NEW CONTRACTING MODELS IN INTERNET:
CLICK AGREEMENTS AND BROWSE AGREEMENTS

Introduction
Over fifteen years ago it was difficult to understand that, with a simple computer connected to Internet, people were able to communicate with others despite of being located in other countries across the world.
Besides being able to communicate through emails, chats and blogs, we have another ways ofhaving information without leaving our homes or offices.
Using Internet we can check information, purchase goods and services, advertise our own products, payments, view videos, TV shows and movies, listening to music, promotion campaigns and many other things.
Internet has supposed many changes in human behavior and, consequently, this has caused different changes in the legal Framework.
Onthe one hand, Internet is the beginning of a new independent legal category with a special legislation that is clearly distinguished from the traditional doctrines of contract.
For others, is only a new way of contracting using electronic media.
In conclusion, the first position has more support and in consequence, a new contract legislation has been created. It is recognized that whatcharacterizes this new form of contract is the electronic medium.

What is an online contract and how does it relate to e-commerce?
Electronic commerce (“e-commerce”) is defined for Electronic Commerce as meaning:
“Commercial activities carried out through electronic networks including the promotion, marketing, supply, order or delivery of goods or services”
In other words, “E-contracts are agreementsto wills held by electronic means by which the parties establish enforceable obligations of volitional form.
E-contracts are type of special contract, not are contracts relating to goods or technology services, it is the traditional contract concluded through electronic means.
However, although not in themselves constitute different legal figures to classic, we apply certain additionalrequirements for information, deadlines, forms, rights and obligations.”
E-commerce has the potential to offer both businesses and consumers greater efficiencies, cost savings and choices in transactions.
E-commerce is not limited to the internet. It includes all business transactions carried out through electronic means including Electronic Data Interchange transactions (“EDI”), teleshopping, paytelevision and m-commerce (using mobile phones and other mobile devices). Nevertheless, this paper is limited to issues arising out of contracts concluded through the internet (“online contracts”).
This paper does not deal with website development and hosting, computer contracts, intellectual property (including domain names and linking), digital signatures, security and authentication, onlinepayments, smart cards, EFT transactions, online content regulation, online marketing (including spam), dispute resolution, privacy issues and the many other issues relating to the internet.

Categories of e-commerce
Electronic transactions may be concluded between various parties: businesses, consumers or government authorities. Depending on the parties participating in the transaction, e- commerce canbe subdivided in four distinct categories:
Business to business transactions (“B2B”), involving performance for payment or performance in exchange for performance (for example when one party supplies statistical data in exchange for the results of market research).
Business to consumer transactions (“B2C”), involving the purchase of products by individuals outside their trade or profession.Consumer to consumer (“C2C”), transactions between consumers. This type is really useful because a los of goods and services are offered and you can buy them depending on your needs.
The main advantages are: it is an easy and cheap way to obtain a product. Easy to access from everywhere and saves time.
Business to administration transactions, involves commercial relations between companies and...
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