Plataformas digitales y contratación electrónica: conflictos derivados y métodos de resolución
ISSN: 2386-4567
Year of publication: 2022
Issue Title: LOS NUEVOS RETOS DEL DERECHO CONTRACTUAL
Issue: 16
Pages: 1466-1491
Type: Article
More publications in: Actualidad jurídica iberoamericana
Abstract
This article is based on the notion of the collaborative economy within the framework of e-commerce; a diffuse concept that is intertwined with others such as the platform economy and at the same time has certain variants such as collaborative consumption. Within this entangled environment, we analyse the parties involved in the forms of electronic contracting within this platform economy, considering the types of contractual relationships that exist between them and then focusing on the ways of resolving the conflicts that arise from this situation. At this point, we pay special attention to the possibilities of applying different electronic extrajudicial mechanisms, ODR. This analysis will be based on the regulation given at European level and its subsequent reflection in Spanish legislation.