Considerații cu privire la contractele electronice și consensualismul digital
Considerations Regarding Electronic Contracts and Digital Consensualism

Author(s): Elena Sârghi
Subject(s): Civil Law, ICT Information and Communications Technologies
Published by: Universul Juridic
Keywords: Electronic Contracts; Digital Consensualism; Digitization of Contracts; Electronic Signature;
Summary/Abstract: This article focuses on the analysis of the concepts of electronic contract and consensualism offered by digital methods, presenting the existing normative framework at national, European and international level, which establishes this method of contracting, in order to provide an overview of the implementation these contracts from the legislator's perspective. Afterwards, are presented the main distinctions between classic and electronic contracts, with reference to doctrinal aspects, and will be examined the manner in which electronic contracts are formed, with its particularities. Next, we will make a transition from the abstract plan, of the legislator and the doctrine, to the concrete one, of the judicial practice of the Court of Justice of the European Union, in order to observe the way in which European law is interpreted in the matter of electronic contracts, following that, at the end of the paper, attention should be directed to the manner in which these atypical legal acts are mirrored in the plan of comparative law, taking as a benchmark states from the European, American, Asian and African continents, to illustrate the configuration adopted by this paradigm by expanding it all over the globe and highlighting the level at which Romania is in terms of the digitalization of contracts.

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