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European Contract Law in the Digital Age

Edited by: Stefan Grundmann

ISBN13: 9781780684772
Published: March 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £75.00



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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.

Subjects:
Contract Law
Contents:
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
Terms of Service are Not Contracts - Beyond Contract Law in the Regulation of Online Platforms
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