Legal Issues in Online Auctions in Germany and the U.S.A.

Frark, Philipp

Legal Issues in Online Auctions in Germany and the U.S.A.

Master Thesis

2014-07-30

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

Because of the multiplicity of commercial operations which are transacted by way of Internet Auction it is unavoidable that some of them end up in front of the court. The number of legal procedures and judicial decisions around Internet Auctions is consequentially increasing, because there is more and more business transacted by way of Internet Auction. These judgments were rendered in various fields of law so that one cannot say that there exists a special "Law of Internet Auctions". In fact there are well known problems in traditional fields of law presented in a new context. In the following this paper will examine these Legal Issues in the context of Internet Auctions and deal with the law of the United States of America and Germany with respect to the question how these countries handle these legal issues. It will afterwards go on with a comparative view as to the legal practices of the two countries, then address the International Civil Procedural Law and lastly close with a final statement.

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