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Civil Law and New Technologies, Advantages and Disadvantages
Civil law regulates private relations between individuals, the person in charge of regularly regular individual existence, considering citizens as part of a broader and more complex social organization. The relationships of people (from their rights and family relationships) with things (their heritage and succession when the person dies) are veiled by the rule of law through civil law.
Analogous applications and extensions have emerged to traditional concepts, so that the margin of coverage and protection of law is adapted to the needs of technological advances.
From this, it derives that the doctrine has sought to generate postulates taken from the analysis of the facts to guide their legal interpretation, having as a support the general interest of providing security and confidence mainly to the legal businesses that are developed through these new technologies;In this regard, we find that there are mainly the following legal principles of applicability to the electronic environment:
- Functional equivalence of electronic acts
The legal function that fulfills written and autograph with respect to any legal act, or its oral expression, in the same way the electronic instrumentation through a data message, regardless of content, extension, scope and purpose of the act thusimplemented
- Technological neutrality
Determines that the rules in this field are to be defined
- The current regime of private obligations and contracts is not altered or modified
- Good faith
It is about the exchange that is made through technological supports are based on confidence among the contracting parties .
- Contractual freedom
This being a right that must be contextualized within the framework of freedom of business, private autonomy and freedom of competence
On the one hand, society has experienced many changes in day to day and in coexistence with the appearance of new technologies, although, on the other hand, we have also been involved in some negative changes as a result of these.
To carry out a more thorough study of the matter, we can divide it into two parts:
Advantages or points in favor of the appearance of new technologies
- It allows communication between people more easily, either in short or long distance (use of mobile phones, laptops … etc)
- Facilitate processing and save time.
- At present we can resort to online websites to buy anything that is necessary instead of going to physical stores.
- We can look for a flat through the Internet since there are also various applications that facilitate the search from home and compare prices.
- New technologies allow us to quickly solve all kinds of online management of the administration: the electronic invoice has become popular and is generalized to be up to date with our electric, telephone consumption or our payments for services and online purchases. In the same way, in recent years, the advance of online banking is unstoppable and, according to the last studies, three out of four Spaniards spend months without going to the bank because, through its key, you can perform from home everythingType of online efforts with your entity. According to a study conducted in 2016, 87.8% resort to electronic banking to consult the movements of their accounts without moving home. However, when hiring products, the Spaniards prefer to go to their bank. That is why many branches are closing their physical facilities.
Projects such as Moad whose objective is to advance in the intelligent transformation of the cities and municipalities of Andalusia, guaranteeing that all municipalities, especially those of smaller size, do not stay behind and join this technological leap.
- Request an appointment at the Andalusian Employment Service: although before you must have requested your name and user keys in person. You just have to access your electronic headquarters.
- Make an appointment at the doctor: Through free health, he responds.
- Statement of income.
- Living will .
- Payment of fees and taxes: from any of the procedures that have been requested telematically.
- Claims sheets: For example, online complaints of the pages are enabled.
- Birth certificate, marriage, criminal records, death … etc.
- Payment of traffic fines.
- Renew the DNI or passport.
These are some of the examples that we can observe in the current routine or life of citizens who save us time and money thanks to new technologies.
- It allows the investigation of the same technology and achieves many advances for collective well-being, such as medical advances (appearance of diagnosis-therapy techniques linked to the use of high sophistication equipment and instruments), the importance of technology in medicine isOne of the fundamental aspects for the evolution of the human being since this implies an improvement in the quality of life and its prolongation (its progress has allowed us to know countless processes that explain why many diseases)
- Technology created more jobs than were destroyed, according to a study conducted in 2011
According to this graph, the dark blue bar represents the workers of "care" understanding by such: health, educational … etc. passed from 1.1% in 1871 to 12.2% in 2011 putting them even above the clear blue bar that represents the workers of physical effort understanding by such: miners, workers, farmers etc. that in 1871 had a percentage of 23.7% and in 2011 with the appearance of the newTechnologies went to 8.3%.
This means that the workers of “strength” were replaced in a certain way by machines that did their job, but it must be taken into account that these machines need repairs and technical understanding about them so they also led to new jobs such astechnicians, computer scientists etc.
- Another advantage to highlight is current dynamic learning with the appearance of new technologies, children allow them to study and learn more unconsciously and funny.
According to a study by the Lingokids Language Platform, children retain up to twice vocabulary when it is taught through applications, rather than traditional teaching methods such as vocabulary cards. (The experiment showed that the group of children who had received class with the traditional system had retained a total of 41 words. In the case of minors who had played with the application, the figure rose to 102 words.)
- Improves the safety of establishments (thanks to electronic devices that detect the entry of unidentified users or welcome to the place)
- They allow a greater connection between cities for circulation
- We are more aware of the problems that exist worldwide thanks to the media, increasingly derived from the Internet or social networks that facilitate us to be informed.
- They help work, Organic Law 16/1994 of November 8, which reforms Organic Law 6/1985 of July 1, of the Judiciary, first introduced in our legal system the possibility of using technical means, electronic and computer scientists for the development of the activity and the exercise of the functions of courts and courts. The reform made included the possibility of providing the new documents or communications with the validity and efficacy of the originals
Disadvantages or points against new technologies
One of the biggest problems that have been developed accordingly is the use of mobile.
- Creates addiction: according to many studies we have proven that the abusive use of new technologies creates a certain dependence on these electronic devices such as mobile.
- Some diseases or disorders from the inappropriate and abusive use of them such as Fomo, Nomophobia or anxiety for the absence of mobile, Vibranxiaet or Ghost Vibration, Technological Insomnia have been developed.
- We become more introverted, we have difficulty interacting face to face and young people lose confidence to the world which means that they do not know how to talk to people in real life and blocks, greater shyness … etc.
From this also derives a disorder called phubbing that refers to the individual who in social situations does not interact with the rest of the people around him, but focuses exclusively on mobile.
According to various studies, it is certified that the abusive use of these new technologies is growing worldwide:
These negative effects focus mainly on a young audience where they are born with these technologies already incorporated into routine life, which depends on them.
- There is less security for society: today there are many social networks in which to register you have to include such basic data, sex, city, name and surname. This causes us to be more controlled and monitored by a greater number of people who have our information. So they are produced daily identity robbery cases.
- Privacy is not always respected
- Technology can be misused: there are already many who specialize in this field and use that knowledge to steal information, appearance of systems and privacy hackers
- We create a dependence on technological devices: it is currently essential to work a laptop and a mobile phone that allows you to be connected at all times.
-We can fall into deceptive services or scam products with only lucrative purpose .
To begin. This is very important, since it is the new support and market through which they are formed, perfect, manage and consume new contracts and business relationships.
Electronic public procurement is understood.
With the entry into force of Law 9/2017, of November 8, of public sector contracts, it is decidedly committed to electronic contracting, establishing itself as mandatory in the terms indicated in the same.
Law 34/2002 in article 23: “Validity and effectiveThey are transmitted by electronic means connected to a telecommunications network. Based on this law:
- The contracts concluded electronically will produce all the effects provided by the legal system, when they concur the consent and the other requirements necessary for its validity. Electronic contracts will be governed by the provisions of this title, for the civil and commerce codes and by the remaining civil or commercial norms on contracts, especially the rules of protection of consumers and users and management of commercial activity ”.
Which entails some exceptions:
- The equivalence is only with respect to the written document or private oral declaration, since the equivalence does not reach the solemn, public or notarial document except for specific national disposition (which does not exist).
- The equivalence is not an impediment for national legislation to regulate cases in which it is not sustainable, certain documents and signatures are enabled (real estate, successions, family …).
- The electronic support of a vitiated statement does not produce the sanitation of this, as well as the written paper.
This electronic hiring model is based on platforms or shared resources in the “cloud” (Cloud Computing), which has proven to be effective both in the private sector and in the public sector
The entry into force of the LCSP has brought numerous novelties to public procurement, among which, from the instrumental point of view, the obligation of the electronic format stands out.
Public hiring is, since March 9, 2018 Electronics. And the core of its regulation is concentrated in the:
- Additional Fifth Provisions (rules related to the media usable in the procedures regulated by law)
- Sixth (use of electronic, computer and telematic media in the procedures regulated in the law)
- Seventh tenth (specific requirements related to tools and electronic document reception devices)
Based on this, we can highlight advantages and disadvantages of it:
- Simplification of loads and cost savings: higher quality of offers.
The 2014/24/EU Directive of the European Parliament and the Council, of February 26, 2014, on public procurement and for which the 2004/18/CE directive in its recital 52 part of the identification of the media of the media of the media is repealedElectronic information and communication with tools that can greatly simplify the publication of contracts and increase the efficiency and transparency of contracting procedures.
The use of electronic media entails relevant savings in terms of administrative loads, both in process of processing and in the documentary aspect, savings that occur both internally, and for bidders, and that directly derives from the possibility of consultationInformation electronics based on responsible statements.
- Improvement of transparency and free concurrence.
Because electronic hiring allows to have greater and better information through the contractor’s profile, on the other hand, it allows thousands of contracting profiles to be (at last) concentrated at a single point, the public sector contracts platform, allow disseminationand open public hiring .
Also because it facilitates having information on the contractual activity in real time, (24 hours a day, 7 days a week) and free access from any point. And because, among many other reasons, it allows effective accountability, having all the information in open and reusable format and with a temporary fork of at least 5 years.
- Because it helps prevent and fight corruption.
Transparency in contracting procedures constitutes an effective struggle instrument against corruption and fraud, providing that the traceability and transparency of decision -making in contracting procedures is essential to guarantee adequate procedures.
In this way, electronic hiring has a great advantage as a means to prevent corruption, both direct and indirect, because it allows a more competitive contracting and that can respond to strategic objectives: free access of bidders, equal treatment, transparency and integrity. Because in case advantages 1 and 2 were not enough, the additional costs of a contract for corruption around 20-25%, being able to reach even 50% in cases of greater serious.
On the other hand, nobody said this was easy.
- Requires personal and material means for the implementation of the new model.
- The provision of resources and training to guarantee the correct development of the contracting procedure.
- Higher administrative loads (greater times in the opening of offers, encrypted through electronic contracting platforms, compared to paper multia -pertures), because the system does not always work as well as well and bidders do not always have largeSkills in the management of the respective platform.
The difficulties derived from the shortage of personal and material media, with special impact on the local level, the data supports the need to strengthen this model, the survey conducted between the Galician municipalities for the elaboration of the document 10/2018 Red Localis “Public Procurement“ Public Procurement(Law 9/2017): Difficulties to implement the new model in the local world and improvement proposals ”, in which he asked, specifically about electronic hiring and measures to fight corruption, showed that only 40%of the municipalities meets the requirement of presentation of offers in exclusively electronic format, while 56% admit the presentation also in other formats, clearly breaking the legal obligation except in those cases in which some of the exceptional assumptions of theAdditional disposition 15th LCSP. And only 30% processed the hiring procedure in electronic format, 37% quite, that is, partial breach.
This new virtual, non -material field is a new area of exercise of commercial activity, which generates a new meeting place for offers and acceptance of negotiating will previously non -existently.
The contribution carried out by the C-E must be complemented with the international harmonization of the basic principles and main rules of this type of contracting
In short, we can define electronic or telematics hiring such as message traffic within a network that allows the negotiation, conclusion and execution of contracts. We mention telematics, being the automatic treatment of remote information, which means the existence of an issuer and a receiver that exchanges messages with each other. The concept includes civil, commercial (or electronic commerce) hiring, hiring with general and electronic conditions, telematic hiring of physical products and provision service and the hiring of services of the information society.