to quickly review the first part of next class ...
1. Are "Computer Contracts", those in which the voluntary agreement or information assets rests with physical computing and / or software, or the provision of technology services and the voluntary agreement of the bilateral legal act, as a rule, are perfect for in person and not electronic.
computer contracts are intended only to bilateral legal act of acquisition of goods (hardware and / or software) or the provision of IT services and the voluntary agreement is not perfected via networks or "telematics."
stakeholders (users and providers of software and systems) self-regulating and agree to specific rules and techniques related to the marketing of goods and computer services.
"conflicting and complex elements that create an imbalance?: The lack of technical knowledge from users who hired, and lack of accountability of providers contractualmentepor established way of limiting and / or exemption from responsibility.
2. Are "electronic or information technology contracts is one in which the voluntary agreement does not rest necessarily on multimedia assets (they can buy goods not scanned), and where he develops or improves the electronic or digital form, via networks, between absent and distance where pay is also usually mail.
An electronic contract can be upgraded via networks to goods / services (domain name registration, software licensing) or not (buy a plane ticket, buy a TV.)
E-procurement is that which is done by computer / telematics, with a decisive influence, real and direct the formation of will and development agreement.
What is the relationship with the "electronic commerce"?: .... All commercial acts or electronically via networks are electronic contracts, distance "From away" (the electronic presentiality linking PCs not people) and digital media.
3. Both are generally adhesion contracts ...., where autonomy is limited to deciding whether to hire or not. Or licensing (opening the seal of the box or package), or not, or I join a transaction platform, or not, or register a domain name or not, or contract a software called "certificate" to generate electronic signatures or not, or buy a www.paris.cl well, or not so.
option to negotiate and discuss is minimal, because a contracting party dictates the terms under which the contract is concluded and the counterparty merely accept them.
Exceptions "?: (I) the contract to develop computer software to measure, (ii) the license agreement the licensee has a strong bargaining power ...
4. Key role in most of electronic contracts is played by the legal terms and conditions of use. They contain the terms of the contract, set to be made use of personal data collected, the delivery of goods, payment arrangements, applicable law and competent court in case of conflicts, and so on.
Two decisions of the U.S. Supreme Court had denied the quality of contract to these agreements, because consumers know its terms and was made applicable by the mere fact of entering the site.
New article 12 A, paragraph 1, Law 19,496: "The contracts concluded by electronic means, and those who accepts an offer made through catalogs, advertisements or any other form of distance communication, consent is not means formed if the consumer has not previously had access to clear, comprehensible and unambiguous in the same general conditions and the ability to store or print them. "
5. Electronic procurement, "theoretically" could be problems arising from the territoriality Internet, compared to the territoriality of law. Ie ... if the e-commerce operation is performed on servers or websites located outside of Chile, will be difficult, for example, to apply the rules of the 19,496 law on consumer rights ("The case of the shirt China silk bought from Miami ...") and report or sue the company before the Chilean courts. What practice?: B2C is solved explicitly in the B2B Web site and the resort to arbitration.
6. Some electronic contracts require prior conclusion of a contract computer.
(i) For a hub (eg supermarket) to exchange orders electronically purchasing with their suppliers, we require that all operating in a data center or in a emarketplace and, therefore, to conclude a contract for electronic brokerage that enable transactions.
(ii) For the sender of an electronic invoice to the issue legally and send it to the IRS and the recipient (or endorse it to a factoring company in accordance with the law previously required to purchase 19,983 ...), generation software firms with a company that provides electronic certification service identities, PSC or "certification authority", already accredited by the SII (Exempt Resolution 09, 2001).
7. Some have specific laws and administrative regulations or special:
(i) Law 19,886, on the state electronic purchases.
(ii) Law 19,799, which regulates the provision of electronic certification of identities.
(iii) of the IRS Exempt Resolution No. 09, 2001, which regulates the provision of electronic certification of identities in tax matters.
(v) of the IRS Exempt Resolution No. 81, August 2005, on provision of electronic billing services or authorizes to taxpayers as "electronic tax service providers."
(vi) Law 19,496, which has specific rules for the B2C
(vii) Law 17,336, which regulates the software license agreements.
(viii) NG 171, SVS, which regulates the sale of insurance on line.
(ix) "Rules" of www.nic.cl, a contract that governs the allocation and registration of domain names.
See you ... Rjl
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