أزمة أعمال قواعد الإسناد في عقود التجارة الإلكترونية

الملخص EN

Attribution rules are the best and usual method for resolving the problem of conflict of laws in relations with a foreign component.

However, the emergence of electronic commerce, which is characterized by unfamiliar characteristics in traditional contracts and which is based in its conclusion on advanced means of communication through the digital network.

This is what made the private international law jurists reconsider some of their traditional ideas that are based on the traditional contestation approach in determining the law applicable to electronic commerce contracts.

This last approach and as soon as its controls were dropped on electronic transactions, it revealed many legal and technical problems and difficulties, including those related to the application of the law of will, whether through explicit or implicit choice.

Some of them related to the application of rigid controls such as nationality, citizenship, place of conclusion and implementation of the contract, and that is because the rules of attribution are based on political and spatial foundations that are not in line with the virtual and digital environment of e-commerce contracts.