Lex mercatoria et le commerce électronique
Lex mercatoria and the Electronic Commerce

Summary/Abstract: Using virtual space, people have the possibility to buy goods (software), downloading from computers, or downloading from the sellers’ website. A multitude of offers and receiving of products and services are launched in a interactive manner, from all corners of the world and no matter where they would come from, the products and the services get to the buyers through traditional/ common distribution channels. In order to get them, wiothout moving phisically to where they are, one can accept the offer through a simple click. Compared to peoples’s interest in this type of purchase, we wonder whether, the principle stipulated in art. no.56 Romanian Trading Code, according to which the trade law is appliable also to the contracts closed by the seller with the non seller, acts in all hypothesis. . We can say that, contract closing is based on offer and acceptance, launched by persons who are at distance. It is particular to trade business even though they embrace the modern expression in order to respond to the demands of the electronic/ online trade. In fact the normative acts recently adopted solve the fundamental issue , that of meeting in real time and in a extremely simple manner, of the purchasers’wishes , knowing that the purchasers are in different geographical points. Nevertheless, the judicial fundement related to the closing of the contracts is also found in the Romanian Trade Code issued on the 10th of May 1887, whose disposals, , enforced 120 years ago, don’t contravene with the community law, regarding correspondence contract closing or between persons found at distance. What it would rather seem inadequate is the transposition of communitary directives into our country’s internal law, which with regards to the closing and the execution of the contracts closed from distance, has gaps and it’s not correlated with the notion of electronic/ online trade and with the sphere of incidence of the trade law1. Indeed the Romanian law, has a certain ambiguity with regards to the judicial of the offer contract and the norms which are to apply to the contract’s closing between the persons who are at distance.

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