Comparative analysis of cjeu and north american jurisprudence in the area of the validity of jurisdiction clauses in online consumer contracts

Resumo

Consumer relations concluded by Internet represent a challenge to jurists, who in the area of offline contracts are forced to rethink many issues that had already been settled. One of the most crucial of these issues is the validity of jurisdiction clauses. Added to the debate on self-regulation and state control is the factor of the traditional lack of protection of consumers and the speed with which contracts are concluded on the net. The possibility of the consumer bringing an action in the state in which they live is the key to making the principle of effective legal protection a reality. Regulation of the formal criteria for jurisdiction clauses and the establishment of underlying principles not only guarantee balance between the sides but also foster increased confidence in online consumer relations. The experience of the north American courts in question, derived from the large numbers of online transactions, are exportable to other legal systems.Some concepts like those of stream of commerce or doing business which are related to active and passive websites still form the basis for drawing up rules for international judicial competence. In this respect the European Union has the advantage that it is an integrated system with a supreme body to interpret law. Finally, the need for conventional rules is clear in America, where attempts at unification have been fruitless