Análisis comparado sobre la validez y aceptación del contrato electrónico en el comercio por internet.

Abstract

The growth of online commerce in Ecuador has allowed electronic contracts between buyers and sellers both national and international. However, this activity is not yet part of the daily life of all Ecuadorians, although they are aware of its usefulness, they do not dare to carry out a commercial transaction for fear of being a victim, of some kind of scam or deception. Therefore, the present work has the purpose of investigating both the doctrine and the national legal system comparing it with Colombian legislation, to determine the validity and acceptance of the electronic contract, which allows to make a transaction online safely and legally. Among the results obtained are the similarity between the Ecuadorian and Colombian legal framework, which regulate and guarantee electronic contracting provided that there is the consent and acceptance of both parties so that the formation of the contract is conceived. In addition, it is necessary for buyers to know the illegal maneuvers used in the network to avoid falling into them. Finally, a trust structure is proposed that allows the articulation of three components such as technological, social and legal, which allow increasing the security and protection of consumers.