Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 4, pp. 1641–1661
Language of the paper: Serbian
Original Scientific Article
udk: 347.440.4:004(497.11)
doi: 10.5937/zrpfns52-20325
Authors:
Sanja Radovanović, Ph.D., Associate Professor
University of Novi Sad
Faculty of Law Novi Sad
s.radovanovic@pf.uns.ac.rs
Nikolina Miščević, Assistant
University of Novi Sad
Faculty of Law Novi Sad
n.miscevic@pf.uns.ac.rs
Abstract:
The electronic form of the contract is the new institute of the contract law that arose as a consequence of the development of electronic commerce and the efforts to secure the legal effect of the contracts concluded through the Internet. At the level of the European Union, regulations have been adopted with the aim of eliminating obstacles to the effective conclusion of a contract by electronic means, and among these obstacles are certainly the conditions concerning the form of the contract. Subsequently, the corresponding changes to existing regulations in the EU Member States have been made, as well as in the countries that are aspiring to become one of the Member states. In the paper authors examined if the electronic form is suitable to replace the written form in cases when the written form is required as a condition for the validity of the contract. Also, the paper analyzes domestic legislative solutions that relate to the electronic form of the contract. In addition, it was examined whether there is a basis in the Law on Obligations for the recognition of the electronic form of the contract as a replacement for the written form. At the end of the paper authors proposed how to regulate the electronic form of the contract in order to eliminate the existing uncertainties which were pointed out in the paper.
Keywords:
electronic form of contracts, written form of contracts, conclusion of contracts by electronic means, electronic signature.