La prueba en la contratación electrónica de consumo
At present, e-commerce also allows the development of consumer relations. Therefore, the objective of this research is to examine how the consumer gets the evidence of the electonic contract, based on the analysis of Royal Decree 1906/1999 about Electronic Contracts with General Conditions Contracts...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Del Blanco Editores
2009
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3194106 |
| Source: | Riedpa: Revista Internacional de Estudios de Derecho Procesal y Arbitraje, ISSN 1989-3892, Nº. 3, 2009 |
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| Summary: |
At present, e-commerce also allows the development of consumer relations. Therefore, the objective of this research is to examine how the consumer gets the evidence of the electonic contract, based on the analysis of Royal Decree 1906/1999 about Electronic Contracts with General Conditions Contracts; the Law 34/2002, Services of the Information Society and
Electronic Commerce; and the Law 59/2003 about Electronic Signature. The conclusion is that the Royal Decree 1906/1999 and Law 34/2002 regulates the rights of consumers, and the probative value of the Electronic Contract, and who has the responsability of evidence. Regarding the evidences of the contract celebration, if it is consented by the consumer or not, and the authorship of the electronic record, these are obtained through the use of digital signatures and certification authorities intervention, under covers Law 59/2003. However, most Electronic Contracts of consumption do not use digital signature nor certification services from specialized companies, resulting in the lack of protection to the consumers on such transactions. |
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