Harmonisation of the rules on electronic commerce and Serbian law

• Main Author: Divljak Drago Lj.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2018-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: electronic commerce; harmonisation; Model Law on Electronic Commerce; EU law; Serbian law
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791803909D.pdf
• ISSN: 0550-2179; 2406-1255

The paper analyses the problem of harmonisation of rules in the field of electronic commerce, as well as its most important legal basis at the international and regional level related to electronic commerce in general, namely the Model Law on Electronic Commerce and the relevant European Union Directives. The analysis includes important determinants of this process, their focus, as well as the results at the national level, with their critical evaluation. The second part of the paper discusses the current state of the valid legislation in Serbia in this field, both at the conceptual level and in details per selected issues, all in comparison with the above-mentioned legal sources. Its relationship and impact on the existing, traditional contract law system is considered. Harmonisation of the rules on electronic commerce has been in progress in very specific conditions, characterised by the almost non-existent special national laws in this field, which led to a parallel creating of the rules at the international and national level. In this process, the crucial role at the global level was played by the Model Law on Electronic Commerce. Despite the wider acceptance and reception of its rules, it has not resulted with global uniformity in this matter, because the EU and the countries that are in the process of accession to that integration remained beyond the sphere of its influence. Considering its pioneering role, the Serbian Law on Electronic Commerce represents a satisfactory step forward in creating a sustainable legal infrastructure for these matters, although, naturally, it does not provide solutions to all the issues and problems in this field. In terms of content, it is conceptually based on the EU law, with similar normative solutions to individual issues. In this sense, the approach and rules of the Model Law have had the secondary significance. The compliance with its rules exists only to the extent that it exists in the EU law and this refers primarily to the issue of legal recognition of electronic contracts.