ელექტრონული საშუალების გამოყენებით დადებული ხელშეკრულების რეგულირების მნიშვნელობა ქართულ საკანონმდებლო სივრცეში

Nino Pachuashvili

Authors

Nino Pachuashvili

Keywords:

electronic means, contract, parties, providing information, consumers’ rights, law applicable, directives, convention.

Abstract

The respective article is related to the essence of the contracts concluded through electronic means, as well as parties and their rights and obligations. The article will also review those similarities and differences, which are common for the respective type of contracts. The definitions will also be provided from those international acts, which specifically relate to the meaning, essence, parties and other matters of the abovementioned contracts.

Determination of contract’s parties, as well as featuring and marking boundaries of their rights and obligations is an important aspect of any contract. Due to the fact that the parties do not meet in person upon concluding a contract through electronic means (distance contracts), there may arise certain type of obstacles. Hence, taking the respective circumstances into consideration, it is twice as important to determine the parties’ rights and obligations, whereas special emphasis shall be made on a supplier’s obligation to provide information to a consumer, hence form, amount and scope of such information is also important. The article will also touch upon a slightly specific, but very important aspect of such contract – time and location of conclusion and a law applicable for resolving any argument, which may arise.

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