TYPES OF CLICK-WRAP AND BROWSE-WRAP TYPES: FEATURES AND APPOINTMENTS

Abstract

In this paper features of сlick-wrap and browse-wrap agreements are analyzed. Are as of their usage and differences are determined. The Judicial Practice Of The USA and the EU is analyzed. The analysis of approaches to determining the criteria for the validity of the click-wrap and browse-wrap agreements: reasonable communicativeness test (US courts) and the durable medium test (EU Court of Justice). An attempt to answer the question whether a separate regulation of conclusion of such contracts in Ukrainian Legislation Is Necessary Has Been Made. On the basis of this research the following conclusion is made: special amendments to the current legislation is not needed, however, it is necessary to use these new contract structures, taking into account the interpretati on of the current legislation and principles of contract law.

Authors and Affiliations

N. Yu. Filatova, O. S. Berezhniak

Keywords

Related Articles

TO THE QUESTION OF FORMATION OF LEGAL POLICY IN PRIVATE LAW SPHERE

In the article the author studies the notion of private legal policy, defines it and describes its main characteristics and principles. A special attention is paid to the quality of the private legal policy and its purpo...

DEGREE OF JURIDICAL CERTAINTY COPYRIGHT IN THE SUBJECT OF URBAN AND ARCHITECTURAL ACTIVITIES

The author explores the problematic issues of juridical regulation of intellectual property and copyright of the urban planning and architectural activity. According to the study, he concludes that the juridical regulati...

PUBLIC POLICY CLAUSE IN PRIVATE INTERNATIONAL LAW

The article gives an overview of one of the mechanisms for the protection of ordre public which to prevent the devastating effects of foreign law on national public policy — a public policy clause. The analysis of nature...

LEGAL REGULATION OF SURROGACY: CURRENT STATE AND PROSPECTS OF DEVELOPMENT

The attention is concentrated on that insufficient level of development of the legislative providing, presence of legislative blanks, absence of single normative base of the relatively legal adjusting of substitute mater...

THE INTERNATIONAL DIRECT FACTORING: KEY SCHEMES OF CARRYING OUT, PROBLEMS AND WAYS OF THEIR DECISION

In the article there is investigated a number of problems which can arise at implementation of the international factoring, and it is offered concerning ways of their overcoming. There are considered the options of dire...

Download PDF file
  • EP ID EP508237
  • DOI 10.18524/2304-1587.2018.1(32).133063
  • Views 90
  • Downloads 0

How To Cite

N. Yu. Filatova, O. S. Berezhniak (2018). TYPES OF CLICK-WRAP AND BROWSE-WRAP TYPES: FEATURES AND APPOINTMENTS. Вісник Одеського національного університету. Правознавство, 23(1), 87-97. https://www.europub.co.uk/articles/-A-508237