Electronic trade: a vision of the Brazilian Law

Abstract

This paper examines the electronic commerce and its legal effects, under the approach of the Brazilian law. It begins by explaining the comprehension of the expression, making analogies with traditional commercial activities, appointing as predecessors of this new form of making commerce the activities performed by the "mascates" and "sales by catalog". It examines in a more detailed way the sales transactions - inside and outside the net - and the payments made through electronic documents. The distinctive criteria of the e-commerce transactions are assessed, i.e., the presence of the electronic element, the absence of physical support and the aspects related to the safety. Finally, it refers to the problem of the division of responsibility between the various personages involved in the chain formed by the manufacturer up to the final consumer, and the international aspects of the transactions.