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Protection of the Weaker Party in the Context of Digitalization of Contractual Relations
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Protection of the Weaker Party in the Context of Digitalization of Contractual Relations
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900028907-1
Publication type
Article
Status
Published
Authors
Olga Sergeeva 
ORCID: 0000-0003-0366-8148
Occupation: Senior Researcher, Center of Private Law
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 28 No. 6
Pages
37-52
Abstract

Digital realities of the 21st century require adaptation of existing mechanisms of legal regulation to new technological conditions that qualitatively affect the business environment and the position of subjects of contractual relations. The article attempts to analyze the current regulation and judicial practice in the field of protecting the rights and interests of the weaker party in the context of digitalization of contractual relations. In particular, such aspects as unilateral changes by online platforms to the terms of the contract, the inclusion of unfair conditions in the contract, the fulfillment of obligations assumed in accordance with the distance contract, the determination of the proper defendant, as well as the jurisdiction of cross-border disputes arising in connection with the conclusion of user agreements, creation of out-of-court mechanisms for resolving disputes are touched upon. Given that the principle of weaker party protection extends beyond relationships involving consumers, this article examines approaches to providing enhanced legal protection to business users of online platforms.

Methods: formal legal, formal logical, interpretation of law, comparative law, as well as general scientific methods.

The principle of protecting the weaker party, although it has not been normatively enshrined in Russian legislation, is at the same time reflected in the norms of contract law, special normative legal acts and judicial practice. At the same time, neither the adopted array of normative legal acts nor the formulated legal positions of the highest judicial authorities can guarantee effective protection of the interests of the weaker party in the conditions of digitalization of contractual relations. Without disputing the applicability of traditional legal mechanisms to contractual relations complicated by the “digital element,” the author admits that the presence of already formed general rules on obligations for regulating contractual legal relations in the digital environment, as expected, turned out to be insufficient, just as the specifics of such legal relations require adjustments to law enforcement practice.

Keywords
protection of the weaker party, consumer, entrepreneur, electronic trading platform (online-platform), contractual relations, digitalization, judicial practice
Date of publication
07.06.2024
Number of purchasers
2
Views
108
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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