Digital Consent And Article 147 Of The Civil Code

Digital platforms and digital consent have triggered, over the past decade, a profound transformation in the nature of contractual relationships, placing users within a technical ecosystem that goes far beyond the traditional interaction between two equal parties. While civil law — under Article 147 — is grounded in the principle of freedom of contract built upon conscious and balanced will, the digital reality has introduced contractual practices that strip this principle of its substance. Acceptance has been reduced to a quick click of a button, burdening users with extensive obligations they neither understand nor have the ability to negotiate.

This study examines the legal challenges surrounding the validity of consent in electronic contracts. It analyzes the extent to which traditional contract theory can be applied to digital contracting models, while tracking modern legislative and judicial trends that redefine the boundaries of will in the age of the