Distance contract - a European novelty in Czech law?

Vol.7,No.2(1999)

Abstract
In my contribution I focus on certain legal aspects of contracts closed without simultaneous physical presence of contract parties considering recent and contemporary development of EG law in this area. Four aims of European legislation are crucial - regulation of illegal and dangerous content of published information, protection of certain subjects (especially young people and consumers), security of new communication technologies (protection of personal data) and capability of proof (electronic signature). Selfregulation is of significant importance, as well. In details, I also deal with the protection of consumer regulated in the directive 97/7/EC and in the proposal for a directive concerning distance selling of financial services. The evaluation of the Czech legal order shows that, in general, distance contracts are sufficiently covered by provisions of Civil Code as well as other statutes. However, there are failures especially in the scope of consumer protection. Hence, some amendments of Civil Code, Civil Procedure Order and Statute on Consumer Protection are necessary in the future. Moreover, consumer movement has to be strengthened by supporting the development of consumer organisations.

Pages:
189–200
Author biography

Lukáš Jelínek

Faculty of Law, Masaryk University, Brno

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