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European Contract Law in the Digital Age

European Contract Law in the Digital Age

Author: Stefan Grundmann
Publisher: Intersentia Publishers
ISBN: 9781780684772
Published In: March 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

European Contract Law in the Digital Age offers an overview of the interactions between digital technologies and contract law and takes into account the two (late) 2015 EU Commission proposals on digital contracting and digital content.

The book goes beyond these proposals and is grouped around the three pillars of an architecture of contract law in the digital age: the regulatory framework; digital interventions over the life-cycle of the contract; and digital objects of contracting.

The discussion of the regulatory framework looks at the platforms used for digital contracting – such as Airbnb – which are particularly important instruments for the formation of digital contracts. In describing the life-cycle of the contract, this book shows how four key technologies (digital platforms, Big Data analytics, artificial intelligence, and blockchain) are being used at different stages of the contractual process, from the screening for contractual partners to formation, enforcement and interpretation.

Furthermore, digitally facilitated contracting increasingly relates to digital content – for instance software – as the object of the contract but while this area has notably been shaped by the proposed Directive on Contracts for the Supply of Digital Content, this work shows that important questions remain unanswered.

This book highlights how the digital dimension opens a new chapter in the concept of contracting, both questioning and revisiting many of its core concepts. It is a reliable resource on topical developments for everyone interested in digital technologies and contract law.

Part I. The Overall Architecture

The Digital Dimension as a Challenge to European Contract Law - The Architecture

Part II. Institutional Framework - Platforms, Regulation Issues, Global Surroundings

Digital Contracts in Global Surroundings

Regulating Online Platforms - The Case of Airbnb

Crowdfunding in Europe

Part III. Digital Formation of Contract - More Virtual and More Formalised

The E-Commerce Directive, Consumer Transactions, and the Digital Single Market - Questions of Regulatory Fitness, Regulatory Disconnection and Rule Redirection

Connected Contracts Reloaded - Smart Contracts as Contractual Networks

The Silk Road Revisited - Money Transactions Inside the Bitcoin System

Part IV. Development and Implementation of Contract - More Digital, More Liquid

Contracts in the Infosphere

Part V. Digital Objects of Contract - CESL II and More

Contracts for the Supply of Digital Content - The Proposal of the Commission for a Directive on Contracts for the Supply of Digital Content

Digital Content - A Digital CESL II - A Paradigm for Contract Law Via the Backdoor