Domsrätt och lagval vid elektronisk handel
Electronic commerce – issues of jurisdiction and choice of law
Author
Summary, in English
This study addresses some of the private international law perspectives on electronic commerce, namely the matters of jurisdiction and choice of law. Electronic commerce is based on the formation of contracts, and when there are contracts, questions regarding legal issues arise. A distinctive trait of electronic business is that its activities are not bound by geographic borders in a traditional sense; cross border-contracts can be entered into as easy as can “domestic” contracts. This cross-border transaction adds another element to the legal questioning involved – which court will be competent to entertain a claim that sources from an electronic contract and which country’s law will be applicable? These questions are of course not new; as long as there have been nations there have been cross-border contracts and questions of jurisdiction and choice of law have, consequently, been dealt with for many years. What complicates this situation is the fact that the existing rules, established to deal with these questions, have not been adapted to the e-commerce environment. The purpose of this study is to identify and describe the questions that arise, when the rules of private international law are applied to e-commerce. The secondary aim is to examine how the existing set of rules dealing with private international law can be interpreted and applied to contractual obligations that source from electronic contracts.
Publishing year
2004
Language
Swedish
Document type
Dissertation
Publisher
The Author,
Topic
- Law
Keywords
- classification of goods
- international private and public law
- consumer contracts
- electronic commerce
- private international law
- choice of Law
- jurisdiction
- internationell rätt
- international privaträtt
Status
Published
Research group
- Lund University Centre for Business Law (Swedish abbr: ACLU)
Supervisor
Defence date
1 October 2004
Defence time
10:15
Defence place
Carolinasalen, kungshuset, Lundagård, Lund
Opponent
- Michael Hellner (Docent)