Os pactos atributivos de jurisdição nos contratos electrónicos de consumo

• Autor(a) principal: Pereira, Alexandre Libório Dias
• Data de Publicação: 2001
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10316/28776
• topic: competência judiciária; contratos eletrónicos; Consumidores; Internet

Choice of court agreements in consumer e-contracts. The international dimension of electronic commerce and the multi-jurisdictional nature of the Internet place difficult questions concerning the determination of the competent national court. The EU Regulation 44/2001 provides several rules concerning jurisdiction on civil and commercial matters. Concerning contracts, it is based upon the principle of freedom of contract. However, in order to protect the weakest party some exceptions to that principle are provided, namely in what concerns consumer protection. In fact, in the silence of the parties the competent court may be the court of the domicile of the consumer (and at the same time the applicable law will be the one of his habitual residence according to the Rome Convention). This solution is derogation to the general rule of forum defensoris and to the special rule concerning contractual liability. It is justified for reasons of consumer protection, but it seems that the Regulation allows parties to agree the competence of a third court. However, this derogation to the derogation may be, it is argued, not possible in Portuguese Law, having in consideration the Standard Terms Act. Finally, the principles of jurisdiction are also considered in what concerns arbitrage agreements.