2. Traceability and consent
The consent of the parties is one of the main features of dematerialization, and an essential function of the electronic signature (article 1316-4, paragraph 1 of the French Civil Code). It therefore seems important to outline the legal aspects of the notion of consent (2.1), and to list the means by which the parties' consent can be expressed electronically (2.2).
The dematerialization of exchanges makes it essential to be able to characterize the parties' expression of consent when concluding a contract by electronic means.
Under article 1316-4 of the French Civil Code, "(...) the signature manifests the consent of the parties to the obligations arising from this act". Thus, in the case of dematerialization, it is...
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Traceability and consent