Matter of Authenticity of Electronically Agreed Penalty as Similar in Writing

Authors

  • Ia Ujmajuridze

DOI:

https://doi.org/10.60131/jlaw.2.2022.7022

Keywords:

form of the contract, Written form of the contract, Penalty.

Abstract

The modern world is increasingly consuming the Internet in everyday life. Through the Internet, people, among others, enter into consumer contracts. This circumstance gave rise to the need to adapt the relations to the legal norms, if necessary - to introduce new legislation. In the footsteps of the development of the Internet, an electronic form of contract was created, which was similar to a simple written form of contract. In this circumstance there arises a legal question - whether the electronically agreed legal category is equal to written one. The purpose of this article is, among others, to answer this question.

Author Biography

Ia Ujmajuridze

PhD student of Ivane Javakhishvili Tbilisi State Univercity, Chief Consult at the office of the Chamber of Civil Cases in Tbilisi City Court, Assistant to a Judge, Head of Secondary Structural Unit.

References

Georgia International Agreement "Association Agreement, on the one hand, the European Union and the European Atomic Energy Community and their member states and, on the other hand, Georgia" Legislative Herald of Georgia, website 11/09/2014.

Civil Code of Georgia, Gazzete of Parliament of Georgia, 31, 24/07/1997.

Civil Code of the Netherlands (As of 1 January 2019), Tchetchelashvili Z. (translator), Tbilisi, 2021, 520, https://www.notary.ge/res/docs/gare/Dutch_Civil_%20Code.pdf [10.03.2022].

Law of Georgia on Electronic Documents and Electronic Trust Services is in force in Georgia Legislative Herald of Georgia, website, 10/05/2017.

Swiss Civil Code (As of 1 January 2017), Tchetchelashvili Z. (translator), Tbilisi, 2018, 264-265, https://www.notary.ge/res/docs/gare/Swiss_Civil_%20Code.pdf [10.03.2022].

-ss, March 21, 2020 Resolution of the Parliament of Georgia on approval of the Edict №1 of the President of Georgia March 21, 2020, Legislative Herald of Georgia, website, 21/03/2020.

Principles, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference (DCFR) Articles and Comments, Prepared by the Study Group on a European Civil Code and the Research Group on the Existing EC Private Law (Acquis Group), https://bit.ly/3KC1nzM [10.03.2022].

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32011L0083 [10.03.2022].

/48/EC of the European Parliament and of the Council of 23 April 2008, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32008L0048 [10.03.2022].

The № 181 Ordinance, 23 March 2020 of the Government of Georgia, Legislative Herald of Georgia, website, 23/03/2020, void, 23/05/2020.

Akhvlediani Z., Obligation Law, Tbilisi, 1999, 76, 79 (in Georgian).

Benashvili K., E-Commerce - The Challenge of Modernity in Private Law, Private Law Review, № 2, 2019, 90 (In Georgian).

Cortés P., Online Dispute Resolution for Consumers in the European Union, 2010, 6-7 http://hdl.handle.net/10419/181972 [10.03.2022].

Jorbenadze S., Freedom of Contract In Civil Law, Tbilisi, 2017, 103, 131 (in Georgian).

Kroppholler I., Civil Code of Germany, Study Comment, Darjania Th., Tchetchelashvili Z. (translators), Chachanidze E., Darjania Th., Thothladze L. (ed.), 13th ed., Tbilisi, 2014, 53 (in Georgian).

Lakerbaia Th., European standard for informed consumers, Journal of Law, #1, 2015, 145 (in Georgian).

Lipartia N., Bank Guarantee, Modern Theory and Practice, Tbilisi, 2020, 75 (in Georgian).

Meskhishvili K., Topical Issues of Private Law, Theory and Case Law, Vol. I, Tbilisi, 2020, 89, 91 (in Georgian).

Pachuashvili N., Contracts Concluded by Electronic Means, Grounds for their Invalidity, Termination, Rejection and Legal Consequences, Thesis, Tbilisi, 2019, 8 (in Georgian).

Tchanturia L. (ed.), Comments on Civil Code, Book I, General Provisions of Civil Code, Tbilisi, 2017, 368, field 1, 388, field 4, 390, field 8, 391, field 9 (in Georgian).

Tchanturia L., Credit Security Law, Tbilisi, 2012, 15-16 (in Georgian).

Tchanturia L., General Part of Civil Law, a manual, Tbilisi, 2011, 340 (in Georgian).

Zimmermann R., The Textual Layers of European Contract Law, Katamadze N. and Ustiashvil G. (translators) Gegenava D. (ed.), Sulkhan-Saba Orbeliani University, 2019, 29 (in Georgian).

Order № 151/04 of 23 December 2016 of Chairman of the Georgian National Bank, Legislative Herald of Georgia, website, 28/12/2016.

Order № 12 of 14 June 2017 of Chairman of the State Procurement Agency On Approval of the Rules for Conducting Electronic Tenders, Legislative Herald of Georgia, website, 15/06/2017.

Decision on the case № as-335-2021 of the Civil Cases Chamber of the Supreme Court of Georgia of June 25, 2021.

Decision on the case № as-1482-2018 of the Civil Cases Chamber of the Supreme Court of Georgia of May 8, 2020.

Decision on the case № as-898-848-2015 of the Civil Cases Chamber of the Supreme Court of Georgia of 9 March, 2016.

Judgement of the ECJ on Home Credit Slovakia, a.s. v Klára Bíróová), № C-42/15, 09.06.2016, https://curia.europa.eu/juris/liste.jsf?language=en&num=C-42/15 [10.03.2022].

https://www.supremecourt.ge/statistical2020/ [10.03.2022].

Published

2022-12-30

How to Cite

Ujmajuridze, I. (2022). Matter of Authenticity of Electronically Agreed Penalty as Similar in Writing. Journal of Law, (2), 99–109 (Geo) 90. https://doi.org/10.60131/jlaw.2.2022.7022

Issue

Section

Articles