Choice-of-Law in the Internet Age – US and European Rules

ACTA JURIDICA HUNGARICA - HUNGARIAN JOURNAL OF LEGAL STUDIES, Vol. 53, (2012) No. 3 193–203

11 Pages Posted: 23 Oct 2012 Last revised: 1 Feb 2014

See all articles by Tamas Dezso Ziegler

Tamas Dezso Ziegler

Eötvös Loránd University; Institute for Legal Studies, CSS Hungarian Academy of Sciences

Date Written: 2012

Abstract

With use of the Internet, a new form of contract has appeared: the electronic contract, which is concluded online. Most of these involve a relationship of two parties: a consumer who is in a relatively vulnerable position, and a business entity. There are numerous examples of such transactions: youngsters downloading music from a website and paying for it – as they would in a music store. Many physical goods can also be purchased online – e.g. even though they live in Europe, the authors of this article regularly purchase books from the US. There are numerous ways such transactions can take place: one of the most obvious ways is buying goods on Amazon or eBay, on the website of a company, or purchasing goods using e-mail communication. The article attempts to summarize the choice of law rules affecting electronic contracts in the US and in Europe – i.e. to give an overview of which country’s or state’s law would apply to a contract concluded online, what the limits are on such a transaction and which state’s laws can protect us in case of a breach.

Keywords: Private international law, internet law, choice-of-law, electronic contracts, consumer sales, Rome I Regulation, U.C.C., Restatement (Second) of the Conflict of Laws

JEL Classification: K12, K2, K20

Suggested Citation

Ziegler, Tamas Dezso, Choice-of-Law in the Internet Age – US and European Rules (2012). ACTA JURIDICA HUNGARICA - HUNGARIAN JOURNAL OF LEGAL STUDIES, Vol. 53, (2012) No. 3 193–203 . Available at SSRN: https://ssrn.com/abstract=2165896

Tamas Dezso Ziegler (Contact Author)

Eötvös Loránd University ( email )

Pazmany Peter setany 1A
Budapest, -- H1117
Hungary

Institute for Legal Studies, CSS Hungarian Academy of Sciences ( email )

Orszaghaz u 30.
Budapest, 1015
Hungary

Register to save articles to
your library

Register

Paper statistics

Downloads
260
rank
115,376
Abstract Views
1,268
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information