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Digital single market and digital content contracts : new perspectives for European Contract Law /

by Versaci, Giuseppe (Pippi) [aut]; Maugeri, Maria Rosaria [ths]; Pagliantini, Stefano [opn].
Material type: materialTypeLabelBookPublisher: Catania : Scuola Superiore di Catania, 2016Description: 97 p. ; 25 cm.Subject(s): Electronic commerce -- Law and legislation -- European Union | Contracts (International law) -- European Union
Contents:
Introduction -- Pt. 1 Background of the proposed Digital Contracts Directives -- The mirage of a European Civil Code -- The short experience of the Common European Sales Law -- Pt. 2 Digital single market and EU contract law: towards new perspectives -- The Digital Single Market Strategy -- EU contract law on digital sector -- Analysis of some new legal concepts in the proposed Digital Content Directive -- Conclusions -- Bibliography -- Acknowledgments --
Dissertation note: Tesi di diploma (corsi di laurea a ciclo unico) per la Classe delle Lettere e delle Scienze Sociali Diploma (corsi di laurea a ciclo unico) Scuola Superiore di Catania, Catania, Italy 2016 A.A. 2016/2017 Abstract: On 9 December 2015 two proposals on digital contracts (exactly on digital content contracts and on online and other distance sales) have been laid down as part of the Digital Single Market strategy. The proposed directives represent the first initiative taken by European Commission on contract law after the withdrawal of the proposal for a Common European Sales Law (CESL), but the scope and objectives are completely different from the overall projects on the European harmonisation of contract law suggested by the 2003 Action Plan. Unleashing the potential of e-commerce has been the reason why the CESL was withdrawn and replaced by the proposed directives on digital contracts. Digital revolution could represent the turning point for the future of European contract law as set of not sector-specific rules only. Due to the wide geographical scope of the new challenges, the EU level is the best one to tackle them. Besides, the proposed rules with the existing EU legislation (E-commerce Directive and Consumer Rights Directive) would cover many areas of contract law in digital sector, providing for innovative notions and concepts which are not ruled by national contract laws. The notion of «supply of digital content» and the concept of «counter-performance in the form of data», included in the proposed Digital Content Directive, deserve be examined so as to grasp the developments that could represent steps towards a European digital contract law. The supply of digital content could overcome the strict distinction between sales and service contracts, as well as between digital and tangible worlds, although the Proposal does not seem to be future-proof with this regard as does not regulate the Internet of Things phenomenon. On the other hand, the counter-performance in the form of personal and any other data represents a new scenario at all. With this regard, firstly there is the need to define the relationship between contract law and data protection law, considering the public interest covered; secondly to deal with contract law issues, like the definition of synallagma.
List(s) this item appears in: Tesi di Laurea, Diploma, Dottorato, Master
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Location Call number Copy number Status Date due
Sala B : Armadio Tesi THS_2016 343.4080285 V561 (Browse shelf) 1 Available
Sala B : Armadio Tesi THS_2016 343.4080285 V561 (Browse shelf) 2 Available

Tesi di diploma (corsi di laurea a ciclo unico) per la Classe delle Lettere e delle Scienze Sociali Diploma (corsi di laurea a ciclo unico) Scuola Superiore di Catania, Catania, Italy 2016 A.A. 2016/2017

Includes bibliographical references (90-96 p.) and index.

Introduction -- Pt. 1 Background of the proposed Digital Contracts Directives -- The mirage of a European Civil Code -- The short experience of the Common European Sales Law -- Pt. 2 Digital single market and EU contract law: towards new perspectives -- The Digital Single Market Strategy -- EU contract law on digital sector -- Analysis of some new legal concepts in
the proposed Digital Content Directive -- Conclusions -- Bibliography -- Acknowledgments --

Tesi discussa il 14/12/2016.

On 9 December 2015 two proposals on digital contracts (exactly on digital content contracts and on online and other distance sales) have been laid down as part of the Digital Single Market strategy. The proposed directives represent the first initiative taken by European Commission on contract law after the withdrawal of the proposal for a Common European Sales Law (CESL), but the scope and objectives are completely different from the overall projects on the European harmonisation of contract law suggested by the 2003 Action Plan. Unleashing the potential of e-commerce has been the reason why the CESL was withdrawn and replaced by the proposed directives on digital contracts. Digital revolution could represent the turning point for the future of European contract law as set of not sector-specific rules only. Due to the wide geographical scope of the new challenges, the EU level is the best one to tackle them. Besides, the proposed rules with the existing EU legislation (E-commerce Directive and Consumer Rights Directive) would cover many areas of contract law in digital sector, providing for innovative notions and concepts which are not ruled by national contract laws. The notion of «supply of digital content» and the concept of «counter-performance in the form of data», included in the proposed Digital Content Directive, deserve be examined so as to grasp the developments that could represent steps towards a European digital contract law. The supply of digital content could overcome the strict distinction between sales and service contracts, as well as between digital and tangible worlds, although the Proposal does not seem to be future-proof with this regard as does not regulate the Internet of Things phenomenon. On the other hand, the counter-performance in the form of personal and any other data represents a new scenario at all. With this regard, firstly there is the need to define the relationship between contract law and data protection law, considering the public interest covered; secondly to deal with contract law issues, like the definition of synallagma.

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