Choice of Law Applicable to E-Contract

Start Page: 
2535
End Page: 
2558
Received: 
Monday, August 8, 2011
Accepted: 
Thursday, December 22, 2011
Authors: 
Amin Dawwas
Abstract: 

This research clarifies the importance of the parties’ choice of the law applicable to an e-contract, basically because one of the parties cannot normally identify the other contracting party. The research tackles the international character of the e-contract; it also clarifies how parties may choose the law applicable to such a contract whether explicitly or implicitly, and whether they can choose the so-called lex mercatoria or lex electronica. Finally, the research addresses the protection available under the comparative law for consumers when participating in the choice of the law applicable to an e-contract.

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