Electronic Signatures in International Contracts
Series:
Carolina Monica Laborde
C. Conclusions 146
Extract
146 Part III: Electronic signatures and international contracts difficult to apply in electronic contracts.455 The nationality has in general not been in itself a relevant factor for determining the applicable law.456 C. Conclusions Legal systems seek to ensure the formal validity of international contracts, in the first place, by allowing that the formal validity of a contract be subject to the lex causae. This means that the contracting parties may freely choose the law applicable to the contract knowing that that law can also determine the formal validity of the contract. Party autonomy means a radical change in the power of the parties over the contractual relationship. In the second place, several laws are recognized to govern the formal requirements of a contract so that the parties have different legal systems to choose from when it comes to executing a contract. 455 Calvo Caravaca / Carrascosa González, Conflictos de leyes y conflictos de jurisdicción en Internet, 2001, pp. 24-31. 456 Holleaux / Foyer / La Pradelle, Droit international privé, 1987, pp. 598-599; Batiffol / Lagarde, Droit International Privé, 1987, pp. 296-297.
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