La Topic: Electronic Contracts: The Uncitral Proposed E-commerce Code Perspective

The United Nations Commission on International Trade (UNICITRAL) recommended an e-commerce Model Code in 1996, with additional articles promulgated in 1998. Most Latin American Countries have adopted its content either entirely or partially. The code is intended to harmonize the e-commerce legislation among countries participating in electronic transactions. The UNCITRAL, however, did not intend this proposed code to be a comprehensive legal compilation for e-commerce transactions. Instead, it is a guideline for the countries on the main issues to be addressed in electronic transactions, including contract formation. Entrepreneurs involved in e-business should carefully understand the international perspective outlined by the UNCITRAL proposed code regarding contract formation over the Internet. Additionally, they should recognize the commercial laws of those countries they are dealing with. The topic of the week pretends to outline the UNCITRAL e-commerce code perspective on the formation of electronic contracts. You may find the proposed code rules and its respective official comments, along with the author’s analysis.

The following questions have been addressed in this article:

Who is an addressee of a Data Message.
When the Addressee may Argue that the Message Comes from the Originator.
When the Offer and the Acceptance are received in Electronic Transactions?


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