Açıqlama:

This article explores the principle of functional equivalence in the context of e-commerce regulation. It begins by highlighting the significance of ecommerce in the modern digital era and the need for robust legal frameworks to govern electronic transactions. The international community's efforts to establish mechanisms for regulating the legal aspects of e-commerce are examined, with a focus on the concept of functional equivalence. The United Nations and the European Union have played key roles in shaping this principle through the adoption of model laws, conventions, and directives. The article then delves into the implementation of functional equivalence in Azerbaijani law, considering the challenges and achievements in aligning national legislation with international best practices. By analyzing the similarities, differences, and limitations in addressing functional equivalence within the framework of the United Nations and the European Union, as well as Azerbaijani legislation, the article emphasizes the importance of continued efforts to bridge gaps and enhance the practical application of this principle. For the purpose of this, the article examines the legal instruments that include the functional equivalence principle and notes the contributions each makes to this approach. Overall, functional equivalence serves as a foundation for creating a secure and equitable environment for ecommerce, promoting trust, confidence, and legal certainty in the digital marketplace.