المسؤولية العقدية في التجارة الإلكترونية : دراسة فقهية

الملخص EN

Electronic commerce (e-commerce) is witnessing an obvious growth because of the benefits it offers, such as the ease of making a contract.

In electronic commerce, like in any other type of commerce, the parties of a contract may disagree.

This disagreement may arise because the contract parties may not be aware of the commitments ensuing from such a contract.

This research is concerned with determining the contractual liability involved in e-commerce, whether when it is fixed in the original contract, or when it ensues from something else such as a lawful condition or an established norm.

This is important to make each party aware of his rights and of the commitments required from him.

It is also useful for settling the disputes that arise when the contract parties disagree about their obligations.

All of the above-mentioned cases require knowledge of the jurisprudential description of contractual liability, and of e-commerce.

The e-commerce contract is distinguished by the method used in contracting - which is the electronic means - and the means of contracting is linked to the contract form.

Jurists have stated that any indication of consent by the contract parties will make the contract valid.