La oferta y aceptación electrónica y su nueva regulación en el Código de Comercio.

Abstract

The present research work analyzes the electronic offer and acceptance, focusing on the legal nature of the traditional consent, in order to open up to the consent made telematically within the legal system, addressing several theories such as the reception and knowledge for the study of its perfection. At the same time, the consent is based on special rules contemplated in the regulations to safeguard the formation of consent when used by telematic means, which provides special protection to the negotiation through the use of electronic systems so that the rights and obligations are attributed directly to the person in whose sphere of control the information system is located, and all this, thanks to the principles of freedom of form, good faith or functional equivalence, which gives equal legal value to a consent made in the traditional way. Therefore, the normative regime of the electronic offer and acceptance includes the will to conduct a valid agreement in order to establish the legal business and its channel responds to a transmission of wills by means of data and documents where the use of electronic channels becomes valid and effective in representation of the basic rules for its operation, being a central point that a dynamic approach must be followed in reinforcement of the content of the regulation subject to the principles