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.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:353568 |
| Date | January 2016 |
| Creators | Kurilova, Elena |
| Contributors | Růžička, Květoslav, Poláček, Bohumil, Zahradníčková, Marie |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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