| Abstract [eng] |
This Master's thesis analyses and critically evaluates different ways of concluding distance contracts: contracts concluded by telephone, e-mail and internet. As an integral part of distance contracts, the legal force of electronic signatures in the legal system of the Republic of Lithuania and the validity of electronic signatures in the future are also examined. The first part of the paper, using Lithuanian and European Union legislation, explains the concept of distance contracts and their main features. As one of the main features of these contracts, the concept of means of distance communication is presented, which determines the different ways of concluding distance contracts. The second part of the paper provides an overview of the characteristics of contracts concluded by telephone, e-mail and internet. It analyses the moment of conclusion of these contracts: it considers the possibility of applying the postal rule to contracts concluded by telephone and e-mail and raises the issue of offer and acceptance in the context of contracts concluded by internet. The third part of the paper highlights the general regulation of distance contracts applicable to the conclusion of such contracts between business entities and between a consumer and a trader. The specificities of the regulation of the distance consumer contract are highlighted and the implementation of this regulation in practice is assessed. In the fourth part of the work, the institute of electronic signature as the only means of signing distance contracts is examined. It presents the legal validity of qualified electronic signatures, examines the legal validity of simple and advanced electronic signatures, and highlights the issues relating to the future validity of electronic signatures. |
