الوسيط الالكتروني : بين الضرورة التقنية و أمن المستهلك التعاقدي

الملخص EN

Legislation regulating electronic commerce - national and international - tried to keep pace with the tremendous and rapid developments in the digital environment, by devoting electronic contracting as a new alternative to traditional contracting.

As a result, the technology of contracting through the automated electronic medium appeared as an advanced and accurate programming mechanism commensurate with the new digital environment data that require speed - accuracy - excellence in its field.

This technology has become one of the most important and latest contractual means in the field of electronic commerce, and is considered as a new challenge to the provisions of concluding contracts due to its launch from the non-interference of the human element in contracting, So we have completely deviated from the framework of the general contracting rules and approached to the rules pertaining to contracting in the electronic environment, which leads to pose a set of requirements on the users of this mechanism in concluding contracts in order to ensure the security and confidence of the contractors - especially the consumer as a weak party -, since many do not trust the use of software in concluding contracts, which is an inevitable reality that laws must address in order to ensure legal certainty in the contract.