Open AccessLAW SELECTION BY THE PARTICIPANTS OF TRANSBORDER ONLINE CONTRACTUAL RELATIONS: EXPERIENCE OF THE USA AND THE EUROPEAN UNION
Author(s) -
O. V. Sergeeva
Publication year - 2020
Publication title -
meždunarodnoe publičnoe i častnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 1812-3910
DOI - 10.18572/1812-3910-2020-6-34-38
Subject(s) - doctrine , autonomy , legislation , selection (genetic algorithm) , choice of law , european union , consumer law , business , realization (probability) , law , law and economics , political science , economics , international trade , conflict of laws , computer science , artificial intelligence , statistics , mathematics
The practice of realization in the USA and European Union of the parties’ autonomy due to the choice of law, applicable to the cross-border online-contract is explored in the article. Particularly the problems of the choice of law, applicable to the cross-border online-contracts B2B (business to business), B2C (business to consumer) и C2C (consumer to consumer) are analyzed. The question is raised about the fairness of undiscussible clause, considering the choice of law, applicable to the online-contract involving consumers. According to the doctrine, legislation and practice the procedural and constitutive approaches to the solving of this question are observed in the article.