Rome I Regulation and the Law Applicable to Internet-Related Consumer Contracts
| Authors | |
|---|---|
| Year of publication | 2011 |
| Type | Article in Proceedings |
| Conference | Az állam és jog alapvető értékei II. Győr : Széchenyi István Egyetem Állam - és Jogtudományi Doktori Iskola |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Rome I regulation;law applicable; consumer contracts; internet;directing of activities |
| Attached files | |
| Description | Protection of weaker party in contractual process is one of the fundamental values of the law of contract. The connecting factor for internet-related consumer contracts in harmonized European legal norms can be described as from “specific invitation or advertising” to “international targeting”. The choice of law rules for consumer contracts must be clear, predictable and provide efficient protection for consumers who contract electronically. According to Rome I Regulation the law of consumer’s habitual residence applies to all consumer contracts. Careful consideration should be given to term “directing such activities”. This connecting factor is of little use in electronic consumer contracts unless it is clearly defined. The analyzed hypothesis of this contribution is following: The conditions upon which the choice of law rules for consumer contracts operates are not sufficient to consumer contracts concluded by means of electronic commerce. This hypothesis will be analyzed on doctrinal approaches and current case-law concerning online consumer contracts. |