Análise jurídica acerca do abuso de direito nas relações de contrato e-commerce.

Abstract

The e-commerce contracts have expanded greatly with the emergence of the internet, due to the convenience and ease these virtual contracts offer to suppliers and consumers interested in a fast contractual relationship. The technical means available for the realization of the electronic contract contributed in the progress of the trade, presenting advantages to the buyer. Faced with this evolution in the virtual commerce, there are some abusive acts in the hiring, where the identification of the cause of the damage is not always possible, thus making it difficult for those who must be civilly responsible. The present work aims at analysis of the abuse of rights that exists in e-commerce contracts. For that, the deductive method was used, starting from agreater premise for a particular one, based on doctrines and legal texts through bibliographical research with an approach on the historicity and evolution of the contract and the legal treatment of responsibility the consumer code and the civil code. The second part covers civil liability and abuse of law in virtual contracting, showing how this abusive act can be repaired in the contractual relationship and in what form is attributed to civil liability. In the third phase it explores electronic contracts and how the emergence of the internet contributed to the advancement of virtual contracts. In order to identify the abusive acts committed in virtual contracts in an attempt to promote mechanisms that help consumers to contract on known and reliable sites to avoid future damages.