LEGAL STATUS OF ELECTRONIC TRANSACTIONS ACCORDING TO THE EXPERIENCE OF GERMAN STATE
Keywords:
Bürgerliches Gesetzbuch, BGB, German Civil Code, digital signature, trade in electronic format, transaction on the Internet, entrepreneur and consumer, electronic mail, trade via mobile phone, legal relations arising from business, electronic commerceAbstract
The article deals with the development of information and communication technologies in Germany, the adoption of the Digital signature law to regulate e-transactions, and then the Law governing framework conditions for electronic signatures in connection with European directives, after this the Regulation on electronic identification and trust services for electronic transactions.
The article discusses the procedure for concluding transactions using the capabilities of the latest technologies in the German Civil Code, which draws attention to the requirements for the conclusion of electronic transactions and links to the law on electronic digital signature. The regulations and directives of the European Union related to the implementation of electronic business will be studied, and the court decision on the conclusion of a contract by e-mail will be discussed. Some aspects of agreements that are not allowed to be entered in electronic format are taken into account, namely, the termination of the employment contract between the employer and the employee, agreements on the payment of life annuity, the obligation to promise or the obligation to recognize the debt. The author also notes the features of contracts concluded remotely exclusively using communications.
The article states that in Germany, the majority of the population monthly order clothes, electronics, household appliances, computers, food, furniture, games and software via the Internet, as well as a place of trade carried out using a mobile phone, and when solving problems, firstly, attention is paid to the possibility of an entrepreneur or consumer to appeal through a special European platform «Online Dispute Resolution».
The author comes to the conclusion that in doing business in Germany using the capabilities of the Internet can be a prime example for developing countries.