Freedom of contract and its limits in digital environment

Бесплатный доступ

Introduction: various actions in online space (for example, pressing a button or continuing to view a website) can have legal consequences predetermined by the rules of information systems with which the subject works. Potentially, his or her rights may be significantly violated by such rules. In cases where it is necessary to protect the rights of citizens and legal entities in digital environment, it seems that many issues can be effectively solved through the application of the doctrine of freedom of contract and its limits to relations arising in online space. We can solve many of the problems that are currently being discussed in relation to digital law using the institution of restriction of contractual freedom in certain cases (where there is a need to protect interests of the weak party to a contract, interests of third parties, public interests, etc.). The purpose of the study is to shape an understanding of the concept of freedom of contract as applied to relations connected with the use of digital technologies; to propose a system of criteria to be used when establishing restrictions on contractual freedom for such situations.

Еще

Freedom of contract, digitalization, digital environment, limits of freedom of contract, imperative norms, dispositive norms, weak party, blockchain, cryptocurrency

Короткий адрес: https://sciup.org/147244084

IDR: 147244084   |   DOI: 10.17072/1995-4190-2024-64-254-273

Статья научная