(In) validade do negócio jurídico na formação dos contratos eletrônicos

Abstract

This monograph brings a study about the (in) validity of the legal business when it is by electronic means, notably in relation to the validity of the electronic contract, and its requirements in the legal world. The work seeks to build a broader vision on the subject, with the intention of increasing the knowledge of the Brazilian academic society about one of the main means of communication, which has been moving society as a whole for thousands of years. This paper aims to explain the invalidity of legal transactions, when they are made electronically and fail to respect the requirements that make the electronic contract valid. It presents the breadth of the concept of contracts, of electronic contracts according to renowned authors. It also considers the differences of the capable agent, according to the means of contracting and the principles of contracts, in order to discuss and clarify the differences between the two forms of contracting. It also lists, in a clear and sustained manner, the different types of electronic contracting, and a case study, which seeks to clarify how judges face these divergences, when they are confronted in the legal environment. To develop this monograph, the inductive method was used, through a bibliographic and documental research.