Electronic contract

forms and characteristics for its effectiveness in the digital media

Abstract

The evolution of technological society with law deserves a comparison. When explaining and specifying how this evolution happens, the characteristics of the digital society are a tendency to decrease the use of the physical document, such as paper, in the execution of contracts, becoming digital. The whole problem of this substitution is more cultural than legal, being supported by the Civil Code. This theory of contracts does not change from traditional law to digital law, they only seek ways in which technology makes it possible to give the impression of materiality to electronic documents, analyzing their creation and validation, in addition to the way in which the will of the parties in relation to the contract is absorbed. This work has as main objective to make a comparison of this evolution, besides providing the reader to explore the new contractual faces brought by the use of technology in digital media and the challenge of society with this process and to eliminate the paper as the main documentation support among your relationships. This article was developed using the method of descriptive research, applying the technique of bibliographic and documentary research in order to analyze the forms and characteristics for the effectiveness of an electronic contract, starting from a bibliographic review composed by the main authors of the area. The study has an essentially qualitative character, with an emphasis on observation and documentary study. It was possible to conclude that because it is an agreement of wills between the parties, its purpose is not altered, allowing to acquire, modify, transfer or extinguish rights, with the support of the legislation, and they begin to take shape digitally, being currently used for their practicality with due regard to the protection of your documents and data in general.