Technological Contracts

Forthcoming in P.G. Monateri (ed.), Handbook of Comparative Contract Law, Elgar Publishing, 2015

28 Pages Posted: 30 Sep 2015

See all articles by Massimiliano Granieri

Massimiliano Granieri

University of Brescia - Department of Mechanical and Industrial Engineering

Date Written: September 27, 2015

Abstract

The most advanced legal systems showed some activism in regulating “electronic contracts”, as a synonym of a new model of commerce, when digital technologies brought about further challenges to traditional contract law. Regulation was pursued with different intensity and for different reasons, from the attempt to support national industries to the need to adapt to international standards to the demand for consumers’ protection. In all instances, regulatory responses have been to some extent not completely aware of the real impact modern technologies have on consent as the core component of contracts and on contracts as the pillar of individual autonomy. A further, sometimes neglected, consequence of this proposition is also that the interaction between technology and contract and its implications for contract law must be seen necessarily as influenced by approaches that are taken by judges, legislators and governments of different legal systems. Technology and contracts is a binomial that calls for a compelling comparative analysis, that provides the observer with a comprehensive view of local responses to common universal problems and developments posed by use of technology in contracts. In contract law, common law and civil law legal families are probably still the most active contributors in terms of doctrines, principles and cases; comparative law studies have to move along the lines drawn by those systems also as far as technological contracts are concerned.

Keywords: Contracts, Technology, Consent, Comparative Law

JEL Classification: K12, K33

Suggested Citation

Granieri, Massimiliano, Technological Contracts (September 27, 2015). Forthcoming in P.G. Monateri (ed.), Handbook of Comparative Contract Law, Elgar Publishing, 2015 , Available at SSRN: https://ssrn.com/abstract=2666191

Massimiliano Granieri (Contact Author)

University of Brescia - Department of Mechanical and Industrial Engineering ( email )

Via Branze, 38
Brescia, 25123
Italy

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