Ius et Praxis (Jan 2006)
La formación del consentimiento a través de las nuevas tecnologías de la información: Parte IV: El lugar de formación del consentimiento electrónico
Abstract
This is the last article in a series of four in which I have presented a comprehensive study of the formation of consent or agreement by electronic means. It deals with the location of electronic consent, analyzing, in the first section, the rules for its determination provided by the Spanish and Chilean law, and highlighting the differences between the solutions found in each national law. The second section moves to a more current discussion of the locus of consent formation, drawing from applicable international law instruments. Notwithstanding these rules, it is to be noted that the contemporary trend is to give more leverage to the will of the parties in determining the jurusduction and law to be applied to the controversies that may arise from a contract, with the excepcion of consumer law, where as it is well known, most rules are not disposable by the agreement of the parties due to the tutelary role of the law in that area
