Title: A comparative analysis of legal aspects of electronic contracts in Brazil

Authors: Carlos Alberto Rohrmann, Miriam De Abreu Machado e Campos

Addresses: Milton Campos Law School, Rua Sao Domingos do Prata 283, Belo Horizonte, MG, 30.330-110, Brazil. ' Milton Campos Law School, Alameda da Serra, 61 – Vila da Serra, Nova Lima – MG, 34.000-000, Brazil

Abstract: This article presents a comparative analysis of some of the legal aspects of contracts for electronic commerce in Brazil. The article studies the theoretical bases of the legal systems that have influenced Brazilian contract law. The first part analyses the formation of contracts under the terms of the civil code. The second part looks at contracts under consumer law. The article applies the concepts of Brazilian contract law to the specifics of the regulation of electronic contracts, and addresses the regulation of electronic contracts in Brazil from historical and comparative perspectives. We will demonstrate how legal concepts pertaining to private contracts have evolved in Brazil, from the classical theory to the present. As Brazilian law was highly influenced by both German and French law in the 19th century, we will give a brief comparative analysis of the influence of both legal systems on the regulation of private contract law in Brazil. Finally, the article looks at aspects related to offer and acceptance of electronic contracts, the place of contract and the consumer|s right to cancel a contract.

Keywords: Brazil; contract law; electronic contracts; e-contracts; legal systems; contract formation; civil codes; consumer laws; legal regulation; historical perspectives; comparative perspectives; legal concepts; private contracts; classical theory; German law; French law; Germany; France; consumer rights; contract cancellation; private law; mobile commerce; m-commerce; e-commerce; electronic commerce; pervasive computing; privacy; marketing; contracting; liability; legal aspects.

DOI: 10.1504/IJPL.2011.039362

International Journal of Private Law, 2011 Vol.4 No.2, pp.237 - 251

Published online: 31 Mar 2011 *

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