Economic analysis of law applied to clickwraps. A theoretical review and practical application

The methods for getting into the knowledge and analysis of the Legal System have diversified and the Anglo-Saxon tradition is committed to applying concepts and tools traditionally used in Economic Science, which gave rise to the so-called Economic Analysis of Law (EAL) that has been gradually adopted in the Roman-Germanic legal systems. In this sense, this work consists of an intellectual effort that involved, firstly, the shaping of the theoretical framework of EAL as an emerging discipline in the contemporary legal context of the Bonapartist systems, and secondly, the theory of transaction costs applied to the field of electronic contracting, specifically the so-called clickwraps, that is taken again as a legal-economic tool through qualitative research using the exegetic method and the documentary technique, all of the above under the of applied analysis approach. As a result, the need to regulate this type of contracts following the tradition of the International Commercial Law oriented to a uniformity of the domestic systems and attending to identified minimum standards of regulation was confirmed which contributes to the Civil Law regulations with limited regulation and few judicial pronouncements in this line.