CONTRACTING IN DIGITAL SOCIETY – CERTAIN ISSUES OF SIGNIFICANCE IN REGARDS TO REGULATION OF OFFERS AND ACCEPTANCE OF OFFERS IN E-CONTRACTS
CONTRACTING IN DIGITAL SOCIETY – CERTAIN ISSUES OF SIGNIFICANCE IN REGARDS TO REGULATION OF OFFERS AND ACCEPTANCE OF OFFERS IN E-CONTRACTS

Summary/Abstract: Digital economy introduces digitization into contract law and contracting practice, creating preconditions for redefining traditional postulates of contract law, through different forms of offering goods and services, electronically and with the usage of new economic and legal terminology, as well as different contracting processes. The paper is focused on special segments of the contractual cycle - the offer and acceptance of the offer, as key elements in the contractual cycle of concluding electronic contracts, and the analysis of their regulation in the context of contracting in a digital society. The offer and acceptance of the offer, as well as the broader context of contracting in the digital society, are presented through a phenomenological analysis, the aim of which is to point out the elements and consequences of the impact of the use of digital technology in contracting. Furthermore, the legal aspects of the offer and the acceptance of offers during the creation of electronic contracts were analyzed and compared with traditional contractual principles using a comparative method, in order to assess the scope of their applicability in modern business conditions, i.e. to indicate the degree of the need for the redefinition of the traditional principles of contract law.

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