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This is correct... But if you have a juristic Problem you need "Beweise". And Webmails and all this protocols are the same like faxes.
- -----Ursprüngliche Nachricht----- Von: swinog-bounces@lists.swinog.ch [mailto:swinog-bounces@lists.swinog.ch] Im Auftrag von Gabriel Ambuehl Gesendet: Freitag, 24. März 2006 10:08 An: swinog@swinog.ch Betreff: Re: AW: [swinog] contract
On Friday 24 March 2006 09:41, Xaver Aerni wrote:
- In juristical E-Mailforms are not a contract. The best way is
you send a contract by post... Like all other Providers like Swisscom, Sunrise, etc. Than are you shure, that the contract is ok. Only on Web... I think you will have some difficutes...
IANAL, but I don't think that's entirely correct: by Swiss law, most contracts don't require any specific form (just agreement over the terms). They can be made orally (not leaving any trace, really), on phone, by letter, under circumstances even by just ACTING like you agreed (i.e. mail order business that sends you goods after you've ordered them) and by extension most likely by email as well.
There's a select number of contracts that need a specific form (for instance, buying real estate) but far and by large, people are free to make them in any form they like.
Another example: buying something in Migros makes you and Migros enter a contract by law (Kaufvertrag), even though neither one of you actually does say so.
As for a German page: IIRC, Germany has a concept of a "Taschengeldparagraph" which basically should allow minors to enter contracts as far as their allowances can cover them.
regards, Gabriel