Nature and characteristics of Electronic Contracts
Nature and characteristics of Electronic Contracts in a general sense, the electronic contract is considered the act in which the parties consensual manage to reach an agreement, agree exclusively electronically, and without paper. We are used to seeing or working contracts regularly. So, it is an act that includes contract formation from the moment of an acceptable offer.
The need to adapt to developed neighboring countries, and almost reach their standards, but why not, also to benefit from their experience, thus avoiding mistakes, following step by step the safest way to development, makes it understandable that electronic contracts will also be present in Albania. For years, our legislation has been enriched with the law “On electronic commerce” no. 10 128 dated 11.05.2009 amended by law no. 135/2013 “On some additions and changes to law no. 10128 ft. 11/05/2009 “On electronic commerce,” as well as the law “On electronic signature” no. 9880, but practically we can not say that they have found application; this is also because researchers’ knowledge is minimal.
The set of acts performed during the pre-contractual phase, before entering into an electronic contract, the parties are subject to the same rules as proceeding in traditional trade. The e-business, the parties at this stage must be careful about possible laws and regulations applicable to acts not only of legislation in force in the country where the company which provides a service or product is established, but also the rules of valid in the state of the consumer including here its activity.
Due to the worldwide aspect, e-commerce can be influenced by any country’s rules in the world.7 There is no international criterion for deciding whether national law should apply to a one-page advertisement
Internet. However, in some cases, it can be proven that e-commerce has been
“run,” in a particular place, taking into account some factors like the language used, etc., the law of that country to be applied. Every contract needs the parties’ consent to enter into; an offer, and an acceptance manifests this. Usually, in an economic agreement, the period of negotiations that precede the moment at which the final consent is given is critical.
Meaning of Contract
The contract is the most crucial source of obligations under the law of obligations and, at the same time, represents the central institution within the regular communication between the contracting parties. The contract is a legal fact important in various fields (or different legal and economic branches) in international law and family law, civil law, financial law, etc. The basis for concluding a contract is achieving a particular result between the contracting parties, aiming to establish, change, or terminate a specific legal relationship. In legal theory, the deal is defined as the consent of will between two or more parties, which come to establish, change, or terminate any legally binding relationship.
This implies that the contract is the result of the contracting parties’ desire, which determines this desire, which is called the “principle of autonomy of the will” in legal science.
The approval and observance of this principle have come because the parties regulating their issues could better determine the terms and circumstances in the contract than the state to intervene with legal provisions.
Mainly in practice, given their action, we can classify contacts into three groups:
a) Contracts by which obligations are created;
b) Contracts with which the obligatory relations change and,
c) Contracts with which the mandatory relations are terminated.
In practice, in most cases, the contracts under point (a) are presented to us.
The ability to create and enforce the contract is essential for the business community. With the transfer of companies to electronic or online environments, the contracting process should be coherent with the trend. Thus, we need to address the legal issues raised by the contract entry process using electronic means. Of course, care must be taken that the parties have established a valid and binding contract which both parties trust and which will be imperative in court in the event of a dispute. For both parties in the process, this requires a rethinking and analysis of some elementary concepts.