Facultatea de Drept / Faculty of Law

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    LEGAL FEATURES OF CONTRACTS CONCLUDED BY ELECTRONIC MEANS
    (CEP USM, 2024-11-07) Tudose, Maricica
    Electronic commercial transactions have been particularly widespread in the business environment, which has led to an acceleration in the widespread adoption of computers, making them indispensable tools in all commercial operations. Concomitantly with the evolution of electronic transactions, the Internet has also marked a scale of evolution, without which, economic agents would not have been able to develop this industry of trading by electronic means. However, the effective implementation of these technological tools has also encountered legislative barriers and ambiguity regarding the legal recognition of electronic transactions. In this respect, a reconsideration of the legal framework has been necessary to ensure a smooth integration of new technologies into commercial practices and to strengthen confidence in their legal effects. In relation to the conclusion of a contract by electronic means, it can be defined as “an agreement of wills between two or more persons to create, modify or terminate a legal relationship, expressed in electronic form”, capturing “on the one hand, the proximate genus, represented by the contract as an agreement to create, modify or terminate a legal relationship, and on the other hand, the specific difference, a difference which consists in the (electronic) form of expression of the concordant wills”. The scope of contracts in electronic form is limited to those contracts materialized in the form of documents in electronic form. All other situations in which the will of a contracting party is expressed by means of an electronic data-processing tool are covered by electronic commerce.
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    UNELE ASPECTE PRIVIND CONTRACTUL ELECTRONIC
    (CEP USM, 2024) Chibac, Natalia
    With the development of scientific and industrial progress, digital tools have become the aid of citizens and extend electronic commerce. Currently, electronic commerce is constantly expanding, and contracts concluded by electronic means are increasingly used by citizens due to the economic and temporal advantages compared to the classical way of contracting. In this article, some aspects of the electoral contract are analyzed to provide clarity in the current transactions and an analysis is made of the role of the intermediary, as a provider of information from the seller to the consumer (buyer). In the current normative acts, the role of the intermediary is estimated, and as a “bridge” between the seller and the consumer, it is necessary to establish certain requirements for the intermediary and ascertain “what” and “how” he will answer in the process of protecting the consumer in electronic transactions.
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    IMPACTUL TEHNOLOGIILOR INFORMAȚIONALE ASUPRA ORGANIZĂRII ŞI FUNCȚIONĂRII PROCEDURII DE ACHIZIȚIE PUBLICĂ
    (CEP USM, 2021-12-08) Postolachi, Oxana; Cârnaț, Teodor
    The information society presupposes “the intensive use of information and commu- nication technologies in all spheres of human activity and existence, with a significant economic and social impact.” The implementation of information technologies in public procurement offers opportunities for optimizing costs and procedures for both contrac- ting authorities and economic agents that provide its products and services. Using an e-Procurement system contributes to reducing the costs of procurement processes by sig- nificantly minimizing costs annual transactions of the parties involved in the process. Following the use of information technology in the procurement process, the time requi- red to carry out the procurement procedures and the costs for the delivery of documen- tation is reduced, and transparency and real-time public access to information on public procurement increases significantly.