Skip to main content

Regulating E-commerce: Formal Transactions in the Digital Age

Buy Article:

$55.00 plus tax (Refund Policy)

Abstract:

As digital transactions become more common the need to regulate the commercial frontier of cyberspace becomes increasingly urgent. This has been recognised by national governments, supranational bodies and international organisations. The regulations proposed have though been offered in a piecemeal fashion. National governments attempt to fit cyberspace within the four corners of their (familiar) domestic jurisprudence, and even supranational and international bodies have been guilty of simply extending previous rules to the realm of cyberspace. This paper suggests that a coherent approach to the regulation of electronic commerce may start with an identification and application of principles rather than with the transference of rules. It uses as a reference, proposals for the modernisation of land transfer systems introduced in Canada and Australasia, currently being evaluated by the Keeper of the Registers of Scotland and the Law Commission/HM Registry. Underlying these proposals is a central issue: how are traditional formal requirements for property transactions accommodated in cyberspace? More fundamentally, if that most formal of transactions, the transfer of real property, can be modernised to meet the challenge of a new digital age, can not all modes of commerce be similarly modernised for the digital era? This paper evaluates whether a principled approach to answering these questions can, more generally, provide a workable framework for approaching e-commerce regulation.

Document Type: Research Article

DOI: https://doi.org/10.1080/13600869955107

Publication date: 1999-08-01

More about this publication?
  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more