| dc.description.abstract | International contracts involving legal subjects between countries will affect the
law chosen by the parties. Electronic contracts are different than conventional
contracts in general. Prominent characteristics includevirtual, paperless and
borderless. Determination of legal choices cannot be made with a link-point
approach that is generally applicable to conventional transactions. The typical
e-commerce characteristics should be special treatment for special contracts. The
virtual nature that knows no national borders is difficult to determine in which
country the legal event takes place. Paperless nature often overrides accuracy in
transactions, especially with regard to legal choice clauses and forum choices.In
addition, another character is that electronic transactions are made in standard form
and are arranged for the purpose of take or leave it. Generally, business actors have
determined the choice of law and the choice of the forum. Electronic contracts
place consumers in a weak bargaining position (the weaker party). There are active
limitations in determining the legal choice clause, causing consumers not to have
an unequal bargaining power, giving rise to a fundamental paradigm shift in the
principle of freedom of contract from “party autonomy” to “one-sided autonomy”.
On this basis, the need for state intervention to provide legal protection in the form
of mandatory regulations as an exception to the contractual principle that is absolute
becomes relative, namely that the applicable law is not mutatis mutandis law that is
chosen by the parties but the law where habitual residence is. | en_US |
