LEGAL ISSUES OF PROVING CONSENT (OFFER AND ACCEPTANCE) IN ELECTRONIC CONTRACTS

Abstract

The article analyzes the legal relationships related to expressing consent and proving it in electronic contracts. It is known that in the digital environment, the process of concluding a contract often involves technical actions to express consent, which creates certain difficulties in determining the true will of the user. Although the Civil Code of the Republic of Uzbekistan contains general rules for concluding contracts, it has been studied that specific norms regulating the proof of conscious and informed consent in electronic contracts have not been sufficiently developed. The examined legal practices of the European Union and Germany show that consent in electronic contracts is evaluated as inextricably linked to the seller’s or service provider's obligation to provide the consumer with complete and understandable information in advance. It has been determined that in the judicial practice of the European Union, the burden of proof regarding the validity and legality of consent is placed on the seller as a professional participant in civil circulation. This approach is assessed to significantly increase the level of consumer rights protection in electronic contractual relationships. In foreign legal systems, consent is interpreted not only as a formal acceptance but also as an expression of will based on the understanding of legal consequences. The research has identified normative gaps in the legislation of Uzbekistan regarding the proof of consent in electronic contracts and justified the necessity of implementing foreign experience.