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ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE

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Kowalik-Banczyk K.

Studia Prawnicze

2005

issue 1(163)

51-70

The notion of electronic commerce encompasses the whole set of transactions concluded by means of electronic communication. Those transactions are often of particular character - they are both international and consumerist. Therefore the norms and regulations issued by particular states or stemming from international agreements are notoriously not adapted to efficiently protect the interests of the parties of such transactions. The object of the article is to present the alternative methods of regulating electronic commerce that gradually gain on importance, although they are relatively far from the traditional sources of law, mainly because their binding force is questionable. The abundance of new methods and their growing role are the reasons for the closer analysis. The regulating techniques presented include among others: soft law, self-regulation, co-regulation, e-custom, technical standardization as well as the so-called 'lex informatica'. The article reveals the general tendency of introducing some sort of soft harmonization, causing that the consumers and enterprises using the means of electronic communication can expect very similar rules of conduct regardless of their country of origin.

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1 Studia Prawnicze

1 Kowalik-Banczyk K.

1 2005

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ALTERNATIVE METHODS OF REGULATING ELECTRONIC COMMERCE IN THE INTERNATIONAL AND EUROPEAN COMMUNITY PERSPECTIVE