Consent in clickwrap agreements: Specifications, limitations and proposals concerning the electronic contracting system

Calderón Marenco, Eduardo and Torres Buelvas, Jaime Elías and González rivera, Tatiana Vanessa and Ibarra Rosero, Wilson Danilo (2023) Consent in clickwrap agreements: Specifications, limitations and proposals concerning the electronic contracting system. JADO, 31. 03-41. ISSN 2173-9102

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Resumen

This study entails more than just a theoretical and case law controversy regarding the validity of clickwrap agreements and the perfecting of consent through a ‘click’ resulting in the acceptance of anoffer by the consumer, thereby leading to rights and obligations to both parties because a contract has been executed. We support the theory that the main obstacle to clickwrap agreements is regulatory in nature; a theoretical and case law study of the main legal systems (civil law and common law) may lead to legal clarifications that must be contemplated in consistent regulations (Model Law), harmonising the rules for executing this type of electronic contract

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