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Comércio electrónico e protecção dos consumidores

Autor: CARVALHO, Jorge MoraisIn: Themis. Coimbra. A.7,n.13 (2006) , p.41-62Idioma: Português.Assunto: COMÉRCIO ELECTRÓNICO | PROTECÇÃO SOCIAL | CONSUMIDOR | CONTRATO INFORMÁTICO Localização e Cota : P.279 Resumo: The subject of the present article is the protection of consumers in electronic contracts. This article does not intend to be a comprehensive analysis of all the questions involved but a mere appraisal of some of the most interesting aspects. The analysis of the protection of consumers in electronic commerce takes into account, not only the rules implementing the Directive on electronic commerce, but also the rules derived from the Directive for the protection of consumers in distance contracts. In this article we conclude that, under Portuguese law, the service provider intending to enter into distance contracts is obliged to make a (public) offer, the acceptance of which, by the consumer, leads to the immediate conclusion of the contract. Nevertheless, the effects of the contract are only produced after the consumer sends to the service provider a confirmation of the contract.
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Analíticos de Periódicos Biblioteca da Direção-Geral de Reinserção e Serviços Prisionais
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The subject of the present article is the protection of consumers in electronic contracts. This article does not intend to be a comprehensive analysis of all the questions involved but a mere appraisal of some of the most interesting aspects. The analysis of the protection of consumers in electronic commerce takes into account, not only the rules implementing the Directive on electronic commerce, but also the rules derived from the Directive for the protection of consumers in distance contracts. In this article we conclude that, under Portuguese law, the service provider intending to enter into distance contracts is obliged to make a (public) offer, the acceptance of which, by the consumer, leads to the immediate conclusion of the contract. Nevertheless, the effects of the contract are only produced after the consumer sends to the service provider a confirmation of the contract.

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