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THE VALIDITY OF CONTRACTS CONCLUDED BY ELECTRONIC MEANS IN ROMANIAN LAW

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Author(s): MIHAELA GIURANIUC (TUDORACHE)

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 2;
Issue: -;
Start page: 473;
Date: 2012;
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Keywords: contracts concluded by electronic means | electronic signature | advanced electronic signature | certification service provider | qualified certificate

ABSTRACT
The purpose of this paper is to analyze the legislation, doctrinal opinions and relevant case law regarding the validity of contracts concluded by electronic means (e-contracts) in Romania and to contribute to the current stage of knowledge in this matter. The objectives pursued by the author are: - identification of the peculiarities of the transposition of the E-Commerce Directive into Romanian legislation; - identification of problems that could arise from law’s interpretation; - analyzing the relevant case-law in this matter; - issuing of the de lege ferenda proposals. According to Romanian Law, an e-contract has the same effects as a contract concluded by traditional means, if the conditions of validity imposed by law have been observed. In Romanian legislation, the document in electronic form, to whom was incorporated, attached or logically associated an advanced electronic signature based on a qualified certificate not suspended or not revoked at that time and which was generated with the aid of a secure equipment of electronic signature creation is equated in terms of conditions and effects to a document under private signature.

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