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Vertragsschluß und Probleme des Internationalen Privatrechts beim E-Commerce
Authors:Ulrich Hübner
Institution:1. K?ln
Abstract:The use of the internet has developed significantly in recent years and has created new opportunities for the insurance sector. The virtual nature of the internet supports an effective medium for the sale of insurance products. An internet presence is a key part of an effective marketing and distribution strategy for every insurance company; despite uncertainties concerning expansion into an eletronic market, such strategies remain indispensable. The legal system is continuing to adapt to the ?intangible“ and borderless nature of e-commerce; clearly there remain problematic areas and issues which have yet to be adequately addressed. The article deals with essential questions related to the formation and the implementation of insurance contracts via the internet and focuses on still existing obstacles to the formation of the contract and possible solutions through the implementation of european directives. In this context, the digital signature plays a significant role. Furthermore, questions regarding the applicable law in the formation of contracts with international character will be addressed. In the light of the expansion of internet use and its facilitation of cross border contracts, consumer protection becomes more difficult. Efficient supervision and control of insurance providers that are located in other countries and offer insurance products on the internet is difficult to regulate.
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