About the project
Private legal obligations often arise from the communication between parties. When we communicate in new ways, we also voluntarily or involuntarily establish obligations in novel manners. Existing regulations must be applied in new contexts, and new legislation emerges. The digitalization of commercial activities has, not surprisingly, illuminated a range of private legal issues in a new light.
One of these issues pertains to the consequences when deceitful third parties exploit new anonymized and automated transactional methods to execute actions or to manipulate transactions in the names of others. The current vast infrastructure for anonymous and automated execution of transactions, payments, and other actions has made this issue one of the most pressing and relevant within private law.
The research question of this dissertation is how Norwegian private law allocates the risk that transactions conveyed electronically and/or digitally are triggered by fraud from third parties. The primary focus is to address this question in accordance with existing legal norms, incorporating elements of legal policy and systems-theoretical analyses. This dissertation is structured as a collection of articles.
Goals
The aim is to contribute to a better understanding of the relevant legal rules – not only their content but also their relationship with other property law principles and broader developments in the contemporary digital marketplace.
