Buna-credinţă în contractele click-wrap // Good Faith in Click-Wrap Contracts

Abstract

Law was always destined to answer all the necesities of society, making sure that there is a legal framework for the legal relationships which take place in society, that would induce certainity to the legal field. The ever faster technological evolution is a constant test for law, which has to demonstrate its capacity to adapt and always stay actual. Thus, in a society with 4.9 billions of internet users (62% of the entire population) it is only natural that interractions between law and internet are more frequent and important. In this article we analyze one of the most used remote contracts concluded through the internet, which is the click-wrap contract, in which the consent is expressed simply by clicking on an icon. Such, the way that the general contractual principle of good faith works in such legal acts, what are its effects and how it applies in this situation are of interest.

Keywords

• internet
• click-wrap contracts
• the principle of good faith
• adapt
• effects