Incidence of virtual contract in private legal relations and the theory of contractual risk
The present document aims to respond to the question about whether it is necessary to implement a normative regulation according to the parameters set by new technologies, for the valid celebration of contracts. Once, the concept of the theory of risk has been reviewed compared with the failling to...
| Autor Principal: | Ramírez-Hernández, Mónica Alexandra |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Universidad Santo Tomas de Aquino Seccional Tunja
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.ustatunja.edu.co/index.php/iaveritatem/article/view/1214 |
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| Sumario: |
The present document aims to respond to the question about whether it is necessary to implement a normative regulation according to the parameters set by new technologies, for the valid celebration of contracts. Once, the concept of the theory of risk has been reviewed compared with the failling to fulfill in electronic contracts, observed from the civil and commercial legislation, we came to the conclusion that e-procurement differs from the commonly recognized, because its elements give a special feature. Taking into account the risk theory as a source of obligations before a possible breach of contract in commercial law risk is borne by the debtor, unless the buyer become a person in list to wait to receive. As for civil law, there is no doubt that the thing perishes for the creditor unless the default by the debtor to deliver, among others report. In this respect, the existing regulations cna change according to the nature of the established convention. |
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