Global ETD Search

1	A comparative review of legislative reform of electronic contract formation in South Africa Snail, Sizwe 09 May 2016 (has links) Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint. / Mercantile Law / LLM Automated transaction Electronic contract formation Cyberlaw E-commerce Electronic writing Electronic agreements Electronic signatures Functional equivalence Technological neutrality Time and place of contract conclusion E-jurisdiction 343.9944068 Electronic contracts -- South Africa
2	Elektronický obchod z pohledu mezinárodního práva soukromého / Electronic commerce from a private international law perspective Kurilova, Elena January 2016 (has links) Electronic commerce from a private international law perspective The objective of this thesis is to study how the United Nations Convention on Contracts for the International Sale of Goods (CISG) is applied in the field of electronic commerce and compare it to the United Nations Convention on the Use of Electronic Communications in International Contracts in regard to the prevailing tendency to remove legal barriers to electronic commerce. The comparison is made in terms of geographic and material scope, forms of contract and how contracts are formed. An analysis of conditions and obstacles to the application of the CISG within the field of electronic commerce represents the core of the work. The thesis is based on the assumption that the Convention on the Use of Electronic Communications in International Contracts is an instrument which helps to overcome identified obstacles. The thesis formulates a conclusion on overcoming just one of the obstacles on the basis of the principle of technological neutrality, and it further demonstrates that the requirement of being in written form may remain an obstacle. As such, the thesis is a response to the question of why the Convention is signed and ratified by a relatively small number of states.
3	A comparative review of legislative reform of electronic contract formation in South Africa Snail, Sizwe 09 May 2016 (has links) Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint. / Mercantile Law / LLM Automated transaction Electronic contract formation Cyberlaw E-commerce Electronic writing Electronic agreements Electronic signatures Functional equivalence Technological neutrality Time and place of contract conclusion E-jurisdiction 343.9944068 Electronic contracts -- South Africa
4	A comparative review of legislative reform of electronic contract formation in South Africa Mtuze, Sizwe Lindelo Snail ka 02 1900 (has links) Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint. / Mercantile Law / LLM Automated transaction Electronic contract formation Cyberlaw E-commerce Electronic writing Electronic agreements Electronic signatures Functional equivalence Technological neutrality Time and place of contract conclusion E-jurisdiction 346.22068 Electronic contracts -- South Africa Electronic contracts -- United States Jurisdiction -- South Africa Jurisdiction -- United States

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