French Contract Law And Protection Of The Internet Gambler In The New French Legislation

2012 ◽  
pp. 237-250
Author(s):  
Aurélie Jouette Melchior
Keyword(s):  
Contract Law ◽  
The Internet

scholarly journals Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam

2010 ◽  
Vol 10 (2) ◽  
pp. 123
Author(s):  
Wijayanto Setiawan
Keyword(s):  
Consensus Statement ◽  
Islamic Law ◽  
Contract Law ◽  
Legal Aspects ◽  
The Internet ◽  
Business Transactions ◽  
Object Based ◽  
The Way

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last  ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-sala>m transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal.

4. The Nature of the Agreement: Offer and Acceptance

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Contract Law ◽  
Essential Elements ◽  
The Internet ◽  
Business Transaction ◽  
Bilateral Contracts

This chapter discusses the nature of contracts, the essential elements of a valid contract, and issues in contract law. A contract is a bargain, made between two or more persons, which is legally binding. The essential elements of a valid contract are the following: agreement (offer and acceptance of definite terms); consideration (a promise to give, do, or refrain from doing something in return for a similar promise); an intention to create legal relations (usually presumed in a business transaction); compliance with required formalities where applicable; and capacity to contract. This chapter discusses in detail the principal rules relating to offer and acceptance. It considers the making and termination of offers in unilateral and bilateral contracts. It explains the rules relating to communication and methods of acceptance of offers and discusses the making of contracts via the internet.

scholarly journals Law, Ethics and Electronic Commerce

2005 ◽  
Vol 3 ◽  
pp. 46-53
Author(s):  
Thomas Hoeren
Keyword(s):  
Electronic Commerce ◽  
Contract Law ◽  
The Internet ◽  
Electronic Trade ◽  
Satellite Technology ◽  
The Past ◽  
The Face ◽  
Internet Community

Unlike the Internet community had expected electronic commerce does not lead to an anarchic dissolution of law. In the context of electronic trade, problems arising between users and providers can be solved, for instance by applying traditional principles of contract law. And yet, the legal dispute of Internet related facts and circumstances gives rise to a number of interesting topoi. Even though these subjects have already been considered in the past (for instance in the context of satellite technology), they only now show their specific explosive effect and diversity in the face of the electronic commerce.

scholarly journals Machine Acting and Contract Law – The Disruptive Factor of Artificial Intelligence for the Freedom Concept of the Private Law

2021 ◽  
Vol 5 (1) ◽  
pp. 1-18
Author(s):  
Stefan Koos
Keyword(s):  
Artificial Intelligence ◽  
Structural Changes ◽  
Contract Law ◽  
The Internet ◽  
Private Law ◽  
Disruptive Effect ◽  
The European Union ◽  
Private Autonomy ◽  
The Impact ◽  
Advanced Development

Technologic evolutions of the last two decades, such as the development of the  internet, had a strong disruptive effect to the society and the economy. However, because of the flexible concepts of the civil law codifications a disruptive effect in the private law until now did not exist. Especially the legal consequences  of the internet were integrated into the private law without bigger categorial or structural changes. This applies equally to most of the cases of the use of artificial intelligence (AI) in recent times. With more advanced development of AI-systems, though, it may not be possible anymore to apply the traditional terms of the private law to the use of AI without leaving the constitutional law background of the private law. This article discusses the impact of the use of a future advanced independent AI on the concept of the private autonomy in the contract law. Furthermore, it gives an overview on the new legislative approach of a human centric use of AI in the European Union. 

4. The Nature of the Agreement

2019 ◽  
pp. 77-104
Author(s):  
Lucy Jones
Keyword(s):  
Contract Law ◽  
Essential Elements ◽  
The Internet ◽  
Business Transaction ◽  
Bilateral Contracts

This chapter discusses the nature of contracts, the essential elements of a valid contract, and issues in contract law. A contract is a bargain, made between two or more persons, which is legally binding. The essential elements of a valid contract are the following: agreement (offer and acceptance of definite terms); consideration (a promise to give, do, or refrain from doing something in return for a similar promise); an intention to create legal relations (usually presumed in a business transaction); compliance with required formalities where applicable; and capacity to contract. This chapter discusses in detail the principal rules relating to offer and acceptance. It considers the making and termination of offers in unilateral and bilateral contracts. It explains the rules relating to communication and methods of acceptance of offers and discusses the making of contracts via the internet.

When surfers start to shop: Internet commerce and contract law

Legal Studies ◽  
1999 ◽  
Vol 19 (3) ◽  
pp. 287-315 ◽  
Author(s):  
Roger Brownsword ◽  
Geraint Howells
Keyword(s):  
Electronic Commerce ◽  
Contract Law ◽  
The Internet ◽  
Internet Commerce ◽  
Modern Approach ◽  
Reasonable Expectation ◽  
Fair Dealing ◽  
Electronic Environments ◽  
Virtual Shopping ◽  
Different Cultures

Given that the modern law of contract is geared to the protection of reasonable expectation, is this approach capable of extension to contracting in electronic environments, particularly to mass consumer contracting via the Internet? The position taken in this paper is that the gearing of the modern law is largely appropriate. Applying such a modern approach to the provision of dedicated legal regimes for electronic commerce, the principle of ‘medium neutrality’ puts electronic environments on the same footing as traditional contracting environments; and the principles of fair dealing developed for traditional consumer marketplaces are copied across to virtual shopping sites. Whilst we contend that a revolution in the technology of contracting does not imply a revolution in contractual principles, we accept that it will not always be straightforward for the law to implement or respond to the reasonable expectations of Internet contractors (particularly so where, as is increasingly the case, contractors from radically different cultures are connected by the Internet).

scholarly journals Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam

2015 ◽  
Vol 10 (2) ◽  
Author(s):  
Wijayanto Setiawan
Keyword(s):  
Consensus Statement ◽  
Islamic Law ◽  
Contract Law ◽  
Legal Aspects ◽  
The Internet ◽  
Business Transactions ◽  
Object Based ◽  
The Way

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last  ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-sala>m transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal. Keywords: Trade contracts via internet; Legal aspects of contracts; Transactions al-salam

Contracting in the Internet: German Contract Law and Internet Auctions

2001 ◽  
Vol 2 (7) ◽  
Author(s):  
Peer Zumbansen
Keyword(s):  
National Level ◽  
Federal Court ◽  
Contract Law ◽  
The Internet ◽  
Market Place ◽  
Internet Auctions ◽  
Doing Business ◽  
Lower Courts ◽  
Federal Court Of Justice ◽  
The City

Suggested Citation: Peer Zumbansen, Contracting in the Internet: German Contract Law and Internet Auctions, 2 German Law Journal (2001), available at http://www.germanlawjournal.com/index.php?pageID=11&artID=65 “One Click, one buy, delivery within 48 hours”. Similar offers for goods of all kinds are common to the internet today. And yet, there is a great number of intricate problems involved with doing business in the internet. The uncertainties of doing business online have prompted an abundance on legislation, both on the European as well as the national level. Still, when turning to the courts for a clear doctrine of, say, the conclusion of contracts in the internet, there remains a considerable void. Cases addressing the question whether the fundamental contract rules apply to internet transactions have generally answered in the affirmative. But when the particularities of contractual governance in the internet are involved, the jurisprudence grows thin. In this respect two recent decisions by lower Courts in Germany that deal with the question of internet-auctions, merit closer attention. The Landgericht Münster's (Regional Court of the city Münster) ruling from the beginning of last year provoked considerable irritation and thereby illuminated how much the field remained in need of intensive judicial attention. In the same time period, the Amtsgericht Sinsheim (Local Court of the city Sinsheim) had simply affirmed conclusion of contract through an onlineauction in a similar case. The decision of the Münster Court was recently overruled by the Oberlandesgericht Hamm (OLG [Higher Regional Court in the city Hamm]). The appeal of the OLG Hamm decision to the Bundesgerichtshof (BGH [Federal Court of Justice]) is still pending. Because of their importance to the rapidly growing internet market place and the largely unresolved questions regarding contract law in that realm, the Landgericht Münster and OLG Hamm decisions merit attention, especially in anticipation of the BGH's ruling on the issues they raise.

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