Author(s) Alberto Ferrari
Advisor(s) Américo Fernando Gravato Morais
Synopsis The purpose of this study is to analyse the question of the formation of electronic contracts in Portuguese, Italian and Brazilian jurisdictions. Initially, the corresponding Portuguese legal system will be examined, starting of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce services, market internal (‘Directive on electronic commerce’) and, successively, its implementation Decree Law n. 7/2004, of 7 January, in conjunction with the provisions of the Portuguese Civil Code and the understandings of the doctrine. Then, in relation to the Italian law, the Decree transposing the Directive n. 70 of 09/04/2003, will be studied in conjunction with the provisions on contracts of the Italian Civil Code, and doctrinal positions. As the Brazilian legal system doesn’t have a specific law about electronic commerce, the general provisions of the Civil Code will be analysed together with the understandings of the doctrine. To complete the exposition, the practical mechanisms of formation of the electronic contracts will be studied, in particular examining the operation of e-mail, in order to send and receive messages, and web portals, in order to the related transactions.
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