Contrato eletrônico: considerações sob a ótica do plano de validade do negócio jurídico na formação do contrato

• Autor(a) principal: Rebouças, Rodrigo Fernandes
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6026
• topic: Contratos eletrônicos; Internet; Direito civil; Negócio jurídico; Requisitos de validade; Electronic contracts; Internet; Civil law; Legal business; Terms of validity; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present dissertation in the field of private law aims to bring some considerations regarding electronic contracts from the perspective of the validity of legal transactions (terms of validity), since, in the opinion of the writer, hiring through e-mail is just a question of form and does not have any impact on the categories of contracts nor their classification, which this modality should follow. Although this study is not intended to be exhaustive, it suggests new ways to analyze a contractual type that is quickly becoming the most prevalent in commercial, private and consumerist transactions, as with each passing year the community is becoming more accustomed to electronic media and leaves aside issues of subjective uncertainty in order to effectively conclude such contracts. As for electronic contracts, we propose to conduct the study by first describing the characteristics of such means of contracting and providing a critical analysis regarding the main concepts currently applied by legal doctrine. We will then tackle the issues pertinent to the formation of electronic contracts and the interpretation of contracts by national Courts with the goal of formulating proposals for their validity. This dissertation was written for the Masters Program in Civil Law at the Pontifical Catholic University of São Paulo, and thereby engages in an indepth analysis of civil contracts and business relationships