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Legal Regulation Features of Click-wrap, Browse-wrap Agreements in Private International Law

Student: Imanaliev Daniyar

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Final Grade: 10

Year of Graduation: 2017

This Master Thesis is aimed at examining the legal features of click-wrap, browse-wrap agreements in private international law. The Master’s Thesis consists of an introduction, three chapters, seven paragraphs, a conclusion and a bibliography. Chapter I elaborates the legal qualification of click-wrap and browse-wrap agreements. Chapter II contains analysis of applicable law determination in reviewed contracts. Chapter III elaborates dispute resolution procedure arisen from click-wrap and browse-wrap agreements. Based on this research the following conclusions were made: firstly, click-wrap, browse-wrap contracts are a form of contracting and may contain various kinds of contracts. Secondly, these contractual models are recognized in different legal systems including Russian. Thirdly, parties can determine the applicable law in reviewed types of contracts. However, because such contracts are contract of adhesion (standard form contracts) this imposes certain features and limitations related to the need to protect the weak party of the contract. Fourthly, Judicial practice in various legal systems allows for choice-of-court clause inclusion to click-wrap and browse-wrap contracts.

Full text (added May 14, 2017)

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