Legal Governing of e-contracts in Georgian Legislation

Abstract

Technical progress has essentially changed the social world of humans. Civil turnover has encompassed the contracts already signed using e-means which saves time, consolidates commercial relations, and increases commercial efficiency. This is one of the many reasons why signing e-contract in recent decades has become popular worldwide and is demanding. Constantly promoting and changing technologies has put law against serious challenges. Aside the international legal acts, it has become necessary to make amendments in national legislation, which together with national characteristics is in harmony with international conventions and directives. The global pandemic in 2020 has resulted to the special need for developing internet commercial infrastructure (Smartloan.ge, 2020). This paper focuses on examining the legislation applicable in Georgia in the field of e-commerce, namely Civil Code (1997), Georgian laws: “About e-communication” (2005), “About e-document and free flow code” (2012),“About e-document and reliable e-service” (2017). Despite the fact that indicated laws (particularly the last two bills adopted recent years) is at certain extent in relevance with the international acts acknowledged internationally, e-commerce which is subject to applicable legislation is not regulated perfectly. The aim of this paper is not only the review of the above mentioned legislation, but it also establishes some recommendations for making Georgian legislation perfect in the field of ecommerce. Georgian legislation applies no regalements for directly signing econtracts, namely the customer, as well as non customer contract governing mechanisms. Certain statements and principles of applicable Georgian Civil Code, in addition to Georgian law about e-document and reliable e-service, at the moment of signing the contract and at pre-contract stage which regulates separate issues that are specific to e-communication does not create legal principles. For the purpose of eradicating the mentioned discrepancies, it is necessary to make exact regalement of e-commerce by adopting e-commerce (applicable in whole range of countries) while considering its specification.