Differences Between Electronic Contract
Differences Between Electronic Contract and Traditional Contract
In legal doctrine, we have characterized the contract as “I get an agreement from two or more parties to make, change or terminate between them for a legal protection of persons.” You should have an object for personal items or obligations that you can evaluate economically, as this is an element and a characteristic if you do not do well to do, but for the objects of responsibility themselves.
Traditional contracts, let’s call them so compared to the electronic agreements that are being discussed during a paper, according to the legal doctrine of the studios so far, I have dealt with two functions to merge or separate: Contracts, above all we have seen as one of the ways of gaining ownership (and to run other real ones) by highlighting the function as an instrument for the circulation of material goods (such as selling, donating, etc.)
The contract we have also encountered one of the sources of liabilities, when we have its functioning as an instrument, by facilitating and directing the weaknesses of others (such as selling in terms of price payment liability, or contracts that are only sources of disadvantages such as rent, transport, employment contract, etc.). What creates, changes, or extinguishes a facial check is the disease of the parties or the matching of their will: It is the one who realizes the transfer of the face or another control by another party or that determines the birth and obligation of one party in favor of the other.
Among the ways of using to create, change, or eliminate facial problems, the contract stands out for the person’s will plays. The legal effect of the building, modifying, or extinguishing hair is a product of the stakeholders’ choice. To determine this will of the parties’ role, we must also do for the freedom and autonomy of the contractor. Independence and autonomy appear in a dual aspect. In the negative part and the positive aspect.
On the negative side, autonomy shows that no one can be stripped of his belongings or life under duress to execute the obligation in favor of others against or against his will. As a principle, whatever I do only to his will, he can not be forced by others’ choice, using the law permitted such a thing.
On the positive side, contractual freedom and autonomy show that the people of the world, who allow me to act on your tire will create, modify, or play if you have assets that do not distribute their belongings and may be forced to execute the obligation in favor others (in this respect contractual autonomy complies with the right to dispose of items, which enters into the content of ownership). Freedom in the positive aspect is manifested in three forms:
1. It is above all, the freedom of choice according to the goals that persons seek to achieve, of different types of contracts, they may distribute their items in the form of sale, donation or exchange, etc., may be forced to oppose others in the way of lease, enterprise and so on.
2. Freedom is defined within limits set by the law of the contents of contracts, such as. The freedom to determine the sale price, the time of delivery of the school delivery, the modality of payment of the fee or rent of the repayment period of the rental, and the interest rate of the story capital’s repayment period of my loan e so on.
3. Freedom to enter into non-typical contracts, i.e., contracts that do not correspond to the types of deals provided in/by the civil code or other laws if created and practiced in a business and business. Many of today’s typical contracts have this origin: They were born and practiced in business practice before the law is provided for and regulated. So it has been, e.g., for banking contracts, such as credit opening or bank advances, which today are in the Civil Code, but which previously existed as non-typical contracts to create from banks’ practice.
The business world creates an unstoppable way, often new figures of contracts, destined to live as non-typical contracts until the enterprise’s law regulates them. According to the legal order, atypical agreements are valid to be obtained directly for realized interests that deserve to be protected. This non-typical contract condition is nothing but the cause, a general condition of the contract. At the same time, it is regulated by the clauses of their agreement. As we have encountered from its early beginnings, the contract, with its birth as a legal fact, is binding on more parties.