Estudo sobre os contratos eletrônicos

• Autor(a) principal: Antar, Alexi de Medeiros
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33756
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Contratos; Eletrônicos; Lei modelo da UNCITRA; Direito; Consumidor; Interativos; Click-wrap; Marco; Civil; Internet; Competência; Judicial; Electronic; Contracts; UNCITRAL model law; Consumer’s; Law; Interactive; Click-wrap; Marco; Civil; Internet; Judicial; Competency

The present work approaches the study of electronic contracts. The subject is extremely important, especially during the first years of the present century due to the evolution technology is suffering and to its consequences on society, economics and law. Because of the importance the subject carries added to the innovation and huge growing potential, we present a study regarding the general theory of this new kind of contract, as well as some of the most recent discussions the theme is facing in courts. The conclusions and hypothesis are based on the primary sources, mainly laws, as well as secondary sources, such as general principles, thesis from other authors and court decisions, all of which are still in its initial stages because of the uniqueness of the theme. Based on the previous ideas, it is possible to divide the work into 3 (three) different parts. In the first chapters we introduce the theme, followed by some historical commentaries and considerations. After that we present in the general aspects of the subject the general principles that govern the theme, the different kinds of contracts, as well as some of the requirements regarding the validity and efficiency of the contracts. Thereof, there is an approach and comparison of the subject on the Marco Civil da Internet and some of the questions on tort law. At last the study deals with the discussion over the competent judicial court to judge the lawsuits, especially those generated over the contracts celebrated between parties living in different countries. The conclusion reinforces the importance the subject definitely will have in the coming years and the necessity of development and study