A validade juridica da assinatura nos contratos eletrônicos

• Autor(a) principal: Ferro, Fabiola
• Data de Publicação: 2015
• 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/34059
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Electronic agreements; Digital signature; Electronic trade; Internet

Electronic agreements have characteristics that are unique to them and that, therefore, differentiate us from other contracts. Some scholars have come to question the validity of these contracts, particularly in relation to the probative force; such questioning still persists for minority part of the doctrine and is aggravated by the lack of specific rules for these agreements. On the other hand, the electronic procurement gradually joins to the customs of society, so that it is possible to conclude contracts through electronic means to purchase any product or service, for example. The electronic contracting is used in various legal areas, such as administrative, civil, consumer, labor, international trade etc. Although this type of hiring is on the rise, there is no regulation expressed in the national legal system. What can cause various problems, once certain issues are peculiar to this type of hiring and can give rise to conflicts between the parties, such as issues relevant to consumer protection, data privacy, the digital signature and electronic mail. However, this legal loophole should be filled soon, because the Legislature is not inert in relation to electronic contracts, including sparse standards, there are several and various law projects in process in the National Congress, which refer, directly or indirectly, to the subject