No closing time regulations, no purchase stress, timesaving and uncomplicated ordering, comparable prices, detailed information and direct contact to the manufacturers, these are just some advantages the Internet offers. The number of people using the internet as a shopping platform is increasing steadily – in Germany already more than 28 million people now use the Internet frequently to make purchases.1 This underlines the importance of legal matters on the electronic Highway and will contribute furthermore to the electronic drive on legal issues within the next years. All the more, it is important to strengthen the confidence of the consumer of the safety of so-called Internet contracts. This paper shall give a summary of issues concerning contracts on the Internet and its consistency with the norms of the BGB (German Civil Code).
Commonly every manner of economic activity on the Internet is referred to as ecommerce. Nevertheless, one can distinguish these activities into so-called offline and online businesses. With offline business, solely the conclusion of the contract occurs electronically. An example would be the ordering of a book through the internet, however, it will still be delivered conventionally by mail. So this remains a simple sales contract with rare online-specific problems. With online business the whole performance including delivery will be conducted on the net. This presupposes when purchasing goods that the objects can be digitalized (e.g. software, music, electronic books etc.). Also in the field of services (e.g. the use of databases, Internet telephony, ticket booking, electronic trade of securities, etc.) online businesses occur.
A special view will be given to the particularities of online auctions.
Inhaltsverzeichnis (Table of Contents)
- A. Introduction
- B. Conclusion of a Contract
- 1. Offer of a Contract
- 1.1 Coming into effect of a declaration of intention
- 1.2 The contestation of a faulty declaration of intention
- 1.3 Allocation and liability for acting in somebody's name
- 2. Offer or 'invitatio ad offerendum'
- 3. Term of Acceptance
- 1. Offer of a Contract
- C. Particularities of Online-auctions
- D. Result
- E. Appendix - Applicable Right
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to examine the legal aspects of concluding contracts via the internet and its conformity with the provisions of the German Civil Code (BGB). It focuses specifically on the requirements for a valid offer and acceptance, the implications of electronic declarations of intention, and the unique characteristics of online auctions.
- The legal validity of electronic declarations of intention in contract formation
- The legal framework for online auctions and their distinction from traditional auctions
- The role of the German Civil Code in regulating internet contracts
- The practical challenges and considerations of contract formation in the digital space
- The significance of the electronic highway and its impact on legal issues within the context of online commerce
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter A provides an introductory overview of the increasing significance of online commerce and the need for legal clarity in the digital space. Chapter B delves into the core elements of contract formation, including the requirements for a valid offer and acceptance, the concept of declarations of intention, and the legal implications of electronic communications.
Chapter C specifically addresses the unique characteristics of online auctions, outlining different types of auctions and exploring their legal implications. Chapter D, while not included in the preview, will likely provide concluding remarks summarizing the key arguments and findings of the paper.
Schlüsselwörter (Keywords)
This paper explores the legal complexities of online contract formation, specifically focusing on the application of the German Civil Code (BGB), the validity of electronic declarations of intention, and the unique characteristics of online auctions. It examines the role of the electronic highway in shaping legal frameworks and the importance of establishing clear rules for consumer protection in the digital marketplace. Key terms include: e-commerce, online contracts, electronic declarations of intention, offer and acceptance, online auctions, BGB, legal validity, digital space.
- Quote paper
- Jonas Vincentz (Author), 2004, Contracting on the Internet, Munich, GRIN Verlag, https://www.grin.com/document/38647
