scholarly journals GOOD INTENTION ON ELECTRONIC CONTRACT THROUGH E-COMMERCE

2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Ari Purwadi

Electronic contract (e-contract) is a contract that vulnerable to the emersion of problems because the contract happened between absence persons. This problem can be avoided if businessman who included in the electronic commerce using principle of good intention. According to the Information and Electronic Transactions Act declare that good intention shall be given during the transaction taking place, it must be interpreted both in the pre-transaction stage, transaction stage, and post-transaction phase. Thus, in order to protect consumer, it's good intention should be exist in every phase of consumer transaction. Keywords: Electronic Contract, Good Intention, Consumer Transaction.

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Losina Purnastuti

Electronic Commerce is claimed as a form of new market in electronic era. Although most current use of Electronic Commerce occurs at the inter-corporate and inter-organizational levels, Electronic Commerce services aimed at individual consumers are developing rapidly. The internet is a major catalyst in the diffusion of Electronic commerce into an increasing number of economic spheres, and is rapidly harmonizing the general environment in which electronic transactions of all kinds take place. This form of new market is able to create some incentives both in transaction management and business efficiency area. On the other hand, implementation of Electronic Commerce become an issue discussed extensively from many of point of view including: law, economic and technology.


2019 ◽  
Vol 18 (2) ◽  
pp. 215
Author(s):  
Dewi Setyowati ◽  
Candra Pratama Putra ◽  
Ramdhan Dwi Saputro

<p class="Normal1"><em>In executing a transaction to buy goods or services online, are required to be clear that the information will not cause consumers to lose. In terms of protecting the consumer, in Act No. 8 of 1999 on Consumer Protection, hereinafter called the Consumer Protection Act are one of the rights that are consumers, namely the right to correct information, clear and honest about the condition and guarantee of the goods and / or services , Then the rights for compensation, restitution and / or compensation, if the goods and / or services received are not in accordance with the agreement or not as it should be. This paper raises issues about how the legal protection of fraud in electronic commerce(e-commerce).The author will describe the victim in electronic commerce according to the study of victimology, the obligation of businesses on the products that will be offered electronically, protection of consumer rights in the conduct of electronic transactions and witnesses of crime that can catch the perpetrators of fraud in electronic transactions. Be consumers must be careful in making transactions although there has been a real UU ITE greatly assist consumers in electronic transactions and utilization activities in the field of information technology and telecommunications (ICT). Previously this sector has no legal basis, but is now increasingly clear that other forms of electronic transactions can now be used as a legitimate electronic evidence.</em></p><em><br /></em>


2021 ◽  
Vol 2 (3) ◽  
pp. 525-530
Author(s):  
Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.


2016 ◽  
Vol 10 (1) ◽  
pp. 145
Author(s):  
Seyed Abolhasan Mosavi ◽  
Abdolmohammad Afrogh

Cyberspace is considered as one of the most modern means for the conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of credibility, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on the formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Acts and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations of the contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace, but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of the location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.


Author(s):  
Marc Pasquet ◽  
Christophe Rosenberger ◽  
Félix Cuozzo

E-commerce permits a dematerialized financial transaction between a customer and a merchant (Schafer, Konstan, & Riedl, 2001). It uses a complex architecture involving many aspects in computer science (security, database management) and in electronics (smartcards, tokens) (Tang, Waichee, & Veijalai, 2004). E-commerce is in a constant growth (Herrmann & Herrmann, 2004). To be used by the majority of individuals, electronic transactions must be secured to increase the confidence in the e-commerce. Security is necessary in commercial relationships for many reasons. First, the customer must be sure that the goods he/she is buying will be the expected ones, and will be well delivered at his/her address. Second, the merchant must be sure to be paid. If the customer uses banknotes or electronic payment, two or more partners are involved in that transaction: the customer’s bank and the merchant’s one. The two banks must be sure of the customer’s identity and of the merchant’s one in order to avoid banking frauds. In the transaction process, many security systems are used to ensure the confidentiality, authentication, and integrity of exchanges. The security is guaranteed by using specific procedures and hardware. The objective of this chapter is to present how the classical security concepts are applied for an electronic payment and especially to limit the fraud. The background section first gives a general idea of the problem generated by the electronic commerce. Second, we present briefly the public key infrastructure approach that is generally used for authentication within this context. The main thrust introduces two protocols that have been developed: SSL (secure sockets layer) and TLS (transport layer security), to create a secure channel where all transactions are encrypted by using specific architectures and algorithms. For the payment part of the transaction process, banks have been considered that SSL and TLS are not sufficiently secure. The main reason is that the cardholder is not authenticated by the issuer bank and the responsibility stays on the merchant side. Banks have so tried to implement different architectures to meet these requirements. These different methods, use of token with SET (secure electronic transaction) or a smartcard such as C-SET developed in the last fifteen years, began to converge to the 3D-secure (three domains security) protocol. These methods to secure the distant payment was adopted together by the card scheme Visa© and MasterCard©. The last, but not the least problem, concerns the distant authentication of the client by its bank, which is described in the future trends.


Author(s):  
Konstantinos Komaitis

Over the past decade, electronic commerce has expanded and has provided new ways of conducting businesses in a brand new environment. Lately u-commerce seems to be pioneering the field of electronic transactions. Where ‘u’ stands for ubiquitous, unison, unique and universal, u-commerce offers the opportunity to users to conduct business everywhere and at any given moment in time. The simplicity of u-commerce transactions makes the issue of domain names more relevant than ever before. This chapter examines the procedural unfairness of the Uniform Domain Name Dispute Resolution Policy (UDRP) in an effort to demonstrate that the ‘regulatory’ framework surrounding domain names does not respect their technological necessity.


Author(s):  
Andreas Mitrakas

Electronically signed transactions typically associate the applied electronic signature with the signed data and implicitly with the terms and conditions related to the scope of the performed transaction. Some aspects of the association between an electronic signature and the transaction can be conveyed by means of a signature policy. Signature policies are a set of rules for the creation and validation of an electronic signature, under which an electronic signature can be determined to be valid. This chapter suggest however, that additional transaction constraints might be conveyed by means of a signature policy. Standardization work has highlighted signature policies as a significant element to leverage trust in electronic commerce transactions that make use of electronic signatures. Summing up technological, organizational and legal concerns, this chapter addresses issues related to the content, form and function of signature policies within a transaction context.


2014 ◽  
Vol 1079-1080 ◽  
pp. 856-859
Author(s):  
Yu Zhong Zhang

With the progress of computer and communication technology, electronic commerce flourished. Security is a key problem in the development of electronic commerce. This paper discusses the principle of elliptic curve cryptography and its safety application in electronic transactions.


2002 ◽  
Vol 11 (01n02) ◽  
pp. 93-117 ◽  
Author(s):  
DAVID KONOPNICKI ◽  
LIOR LEIBA ◽  
ODED SHMUELI ◽  
YEHOSHUA SAGIV

This work explores (semi-)automated EC on the WWW. The EContracts framework enables EC WWW sites and EC automated tools to present standardized information. This information (1) allows each party to decide whether it wishes to engage in an EC activity with the other party, (2) enables automated negotiation between the parties, and (3) enables the establishment of an electronic contract, i.e. a formal description of an agreed upon EC transaction. The EContracts framework defines the basic software components of an EC party and their interconnections. Based on the EContracts framework, various applications can be built. Examples are deal making applications, deal feasibility checkers, brokers etc. Furthermore, the definitions of the data structures and the algorithms enable a theoretical investigation of automated commerce.


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