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2014, vol. 52, iss. 7-9, pp. 267-282
Legal aspects of electronic commerce
University of Business Academy in Novi Sad
Keywords: e-commerce; 'data message'; e-signature; UNCITRAL Model law on e-commerce; UNCITRAL Model Law on e-signature
Abstract
Electronic commerce represents realization of commercial affairs by electronic means. Electronic media can be used both to conclude contracts and to execute them and also for payment. Use of electronic webs, in any of their existing forms (electronic data interchange - EDI, e-mails or on-line commercial activities on global web - Internet), is of big importance for commerce. Use of very sophisticated systems, like EDI or Internet, cannot function in practice without adequate legal frame, so it was necessary to regulate at least the basic questions of this way of making business. International organisations, such as UNCITRAL, ICC, CMI and EU, all made a big contribution to legal regulation of e-commerce and its institutes; they also made a strong influence to the national legal regulations as well. This article analyses the basic concepts of e-business and e-commerce, the way of realizing commercial transactions by using the electronic webs and their specialties, the most important questions concerning stipulating contracts (meaning of 'data message' and contracting parties, exact moment of sending and receiving the message, moment and place of electronically concluded contract) and the questions of safety of e-transactions (e-signature and qualified e-signature, and the questions of certification). Article also analyses existing rules and legal frames regulating e-commerce.

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article language: Serbian
document type: unclassified
published in SCIndeks: 04/07/2016

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