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Vol. 7 No. 8 (2012)

Articles

Civil Liability for the Legal Actions via Electronic System

DOI: https://doi.org/10.32084/bsawp.5745  [Google Scholar]
Published: 2012-06-30

Abstract

The author presents the civil liability for the actions via electronic system. The article consists of four parts. In the first part, entitled ‘introduction’, there are main assumptions of this article indicated. The author focuses on the factors affecting the legal situation of those who are interested in electronic legal actions. The main aim of the second part of the article is to characterize the legal actions via electronic system. In general, in electronic legal transactions it is not necessary to make a declaration of intent in a written form required for a transaction to be valid. What is more, lots of legal acts contain a possibility of making an electronic declaration of intent as well as traditional one. The author in the third part presents many systems of law in force. In private law, the process of harmonization of the legal orders is visible more and more. All because of the European Union law. Consequently, there are two legal orders in force: national law (private law) and international law. In creating such a multifaceted legal order, significant are also judicial decisions of the European Court of Human Rights in Strasbourg, the European Court of Justice and the Court of First Instance in Luxembourg. At the end, the author indicates the reasons of the civil liability by referring to the objective phenomena. The author predicts that after the codification of the new civil code, civil liability for the legal actions via electronic system will be more strict.

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