Regimul juridic al comertului electronic

The paper is consecrated to one of the most avant-garde area of interest for lawyers, economists and businessmen – the role and legal regime of electronic commerce. The thesis analyses a topic at the meeting point of several disciplines, including law, economics and information technologies, a topic insufficiently covered in the specialized literature in the Republic of Moldova.
The research strived to get an answer to the question what is an electronic trade, to analyze the international, national and other countries legal framework in this area, and to formulate concrete recommendations for the implementation of the national legislation in this area and its adjustment to international and European standards. As the topic is very broad and barely researched in the national specialty literature, a distinct effort has been put in order to produce a paper, which would explain basic principles and definitions, the way of functioning the electronic commerce and infrastructure in this area. Having a clear European integration vector as national priority, a special attention has been paid to the EU legislation. Throughout the research, the author has been guided by the following objectives:
- defining of the electronic commerce phenomenon and the identification of the aspects that are in a strong link with this;
- the evidence of the attributions and the legal functions of the electronic trade;
- the analyze of the electronic trade transactions;
- the profound examinations of the implies of electronic commerce above the international trade law;
- elucidating of the functional and appliance of the mechanism regard in the electronic commerce;
- the analyze of the international legal frame in the studied area;
- the comparative evaluation of the general tendencies in the electronic commerce;
- the identification of the applicable sphere, formulation of principles and settlement of the subjects that participate;
- determination of the electronic trade and bringing in evidence the legal effects of this;
- the analyze of the national legal regime regarding the electronic trade and formulation of different proposals regarding the improvement of the regulations in that area.
The research paper „Legal regime of the electronic commerce” brings its contribution to the process of promoting an informational society, underlying the accelerated character of the development of the electronic commerce at international level, and, implicitly at Republic of Moldova’s level.
The subject of the research hints at a very important aspect in the domain of electronic business and that of promoting the informational society, as one of the main instrument of the international commerce is the electronic commerce, which development is supposed to abandon the sovereignty in the commercial domain.
On the basis of the completed study have been formulated multiple conclusions, including on general measures necessary to be undertaken, discrimination and technique and legal importance and harmonization of legislations, training of population and lawyers, legal obstacles that lay in front of electronic trade and other aspects.
The study divides the fundamental particularities of the process of implementing the electronic commerce and proposes a more thorough analysis of the problems in the going on of this new type of commerce.
In the study, there is supported the necessity of borrowing the experience in the electronic commerce, especially that in the European part, the member states of the European Union. In the given context, there was emphasized the necessity that those countries having a small presence in the world market, the Internet should give the chance to break the historical and geographical barriers, and, consequently, quite an economical revitalizing.