Published: 2021-03-13

Declarations of Intent Made in the Course of Electronic Communication in the Light of International Private Law: an Overview of the Issues

Krzysztof Gajek
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.1.05

Abstract

This article is an introduction to the issue of declarations of intent made in the course of electronic communication considered in the light of Polish private international law standards. It shows the impact of the specificity of electronic communication on the form of declarations of intent and on the application of conflict-of-law rules, pointing out the difficulties that may arise in this context. The study describes the determination of the law applicable to the performance and admissibility of a legal transaction, as well as the parties’ choice of the applicable law. The article also addresses the determination of the applicable law in a situation where the parties to a contract based on electronic declarations of intent have not made a choice of law (or where a choice was inadmissible). The article considers both Polish law and selected acts of international law.

Keywords:

declaration of intent; international private law; conflict of law rules; electronic communication, electronic contracts.

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Citation rules

Gajek, K. (2021). Declarations of Intent Made in the Course of Electronic Communication in the Light of International Private Law: an Overview of the Issues. Zeszyty Prawnicze, 21(1), 131–158. https://doi.org/10.21697/zp.2021.21.1.05

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