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Domsrätt och lagval vid elektronisk handel

Lindskoug, Patrik LU (2004)
Abstract (Swedish)
Popular Abstract in Swedish

Vilket lands domstolar är behöriga att lösa tvister som kan uppkomma till följd av elektroniska avtal där parterna hör hemma i olika länder? Vilket lands lag skall domstolen använda? Även om en svensk domstol är behörig är det inte säkert att den skall använda svensk lag. Dessa frågor sorterar inom ett ämnesområde som heter interationell privat- och processrätt. I avhandlingen undersöks hur internationellt privat-och processrättsliga regler skall tillämpas vid elektronisk handel och vilka problem som därvid kan uppstå.
Abstract
This study addresses some of the private international law perspectives on electronic commerce, namely the matters of jurisdiction and choice of law. Electronic commerce is based on the formation of contracts, and when there are contracts, questions regarding legal issues arise. A distinctive trait of electronic business is that its activities are not bound by geographic borders in a traditional sense; cross border-contracts can be entered into as easy as can “domestic” contracts. This cross-border transaction adds another element to the legal questioning involved – which court will be competent to entertain a claim that sources from an electronic contract and which country’s law will be applicable? These questions are of course not new;... (More)
This study addresses some of the private international law perspectives on electronic commerce, namely the matters of jurisdiction and choice of law. Electronic commerce is based on the formation of contracts, and when there are contracts, questions regarding legal issues arise. A distinctive trait of electronic business is that its activities are not bound by geographic borders in a traditional sense; cross border-contracts can be entered into as easy as can “domestic” contracts. This cross-border transaction adds another element to the legal questioning involved – which court will be competent to entertain a claim that sources from an electronic contract and which country’s law will be applicable? These questions are of course not new; as long as there have been nations there have been cross-border contracts and questions of jurisdiction and choice of law have, consequently, been dealt with for many years. What complicates this situation is the fact that the existing rules, established to deal with these questions, have not been adapted to the e-commerce environment. The purpose of this study is to identify and describe the questions that arise, when the rules of private international law are applied to e-commerce. The secondary aim is to examine how the existing set of rules dealing with private international law can be interpreted and applied to contractual obligations that source from electronic contracts. (Less)
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author
supervisor
opponent
  • Docent Hellner, Michael
organization
alternative title
Electronic commerce – issues of jurisdiction and choice of law
publishing date
type
Thesis
publication status
published
subject
keywords
classification of goods, international private and public law, consumer contracts, electronic commerce, private international law, choice of Law, jurisdiction, internationell rätt, international privaträtt
pages
265 pages
publisher
The Author,
defense location
Carolinasalen, kungshuset, Lundagård, Lund
defense date
2004-10-01 10:15
language
Swedish
LU publication?
yes
id
56e74d07-9db5-40bc-90e5-fd94ecf56c43 (old id 21532)
date added to LUP
2007-05-25 09:30:14
date last changed
2016-09-19 08:45:07
@misc{56e74d07-9db5-40bc-90e5-fd94ecf56c43,
  abstract     = {This study addresses some of the private international law perspectives on electronic commerce, namely the matters of jurisdiction and choice of law. Electronic commerce is based on the formation of contracts, and when there are contracts, questions regarding legal issues arise. A distinctive trait of electronic business is that its activities are not bound by geographic borders in a traditional sense; cross border-contracts can be entered into as easy as can “domestic” contracts. This cross-border transaction adds another element to the legal questioning involved – which court will be competent to entertain a claim that sources from an electronic contract and which country’s law will be applicable? These questions are of course not new; as long as there have been nations there have been cross-border contracts and questions of jurisdiction and choice of law have, consequently, been dealt with for many years. What complicates this situation is the fact that the existing rules, established to deal with these questions, have not been adapted to the e-commerce environment. The purpose of this study is to identify and describe the questions that arise, when the rules of private international law are applied to e-commerce. The secondary aim is to examine how the existing set of rules dealing with private international law can be interpreted and applied to contractual obligations that source from electronic contracts.},
  author       = {Lindskoug, Patrik},
  keyword      = {classification of goods,international private and public law,consumer contracts,electronic commerce,private international law,choice of Law,jurisdiction,internationell rätt,international privaträtt},
  language     = {swe},
  pages        = {265},
  publisher    = {ARRAY(0x9654380)},
  title        = {Domsrätt och lagval vid elektronisk handel},
  year         = {2004},
}