The mechanism of adhesion in commercial electronic contracts

المؤلف

al-Jabburi, Muhannad Hamad Ahmad

المصدر

Journal of college of Law for Legal and Political Sciences

العدد

المجلد 11، العدد 41، ج. 1 (31 مايو/أيار 2022)، ص ص. 353-374، 22ص.

الناشر

جامعة كركوك كلية القانون و العلوم السياسية

تاريخ النشر

2022-05-31

دولة النشر

العراق

عدد الصفحات

22

التخصصات الرئيسية

القانون

الموضوعات

الملخص EN

The issue of electronic contracts in e-commerce has become recently a fundamental pillar in worldwide economy.

Similarly, the classic adhesion theory seems to be incompatible somehow with the new generation of commercial e-contracts particularly in its terms.

The classic one has three terms for having adhesion existed, while these three terms are incapable entirely to apply to the abovementioned new generation of contracts.

This has amplified the need for a new theory of adhesion for such contracts.

As a result, the core question of this research is going to be: Are electronic commercial contracts really adhesive? If so, is the classic adhesion theory applied to it in its old terms and conditions? Or there is a new solution? Subsequently, in order to reach the answer for such a question it is necessary in this research to make a comparison between the Iraqi provisions with the Egyptian provisions in return in terms of adhesion, whether or not to apply to e-contracts.

Consequently, as a result of this comparison and analysis, a new theory of adhesion has emerged for e-contracts that seems familiar to the classic one but not entirely, this is to say that the new theory has shortened the terms of the classic theory into two conditions instead of three The issue of electronic contracts in e-commerce has become recently a fundamental pillar in worldwide economy.

Similarly, the classic adhesion theory seems to be incompatible somehow with the new generation of commercial e-contracts particularly in its terms.

The classic one has three terms for having adhesion existed, while these three terms are incapable entirely to apply to the abovementioned new generation of contracts.

This has amplified the need for a new theory of adhesion for such contracts.

As a result, the core question of this research is going to be: Are electronic commercial contracts really adhesive? If so, is the classic adhesion theory applied to it in its old terms and conditions? Or there is a new solution? Subsequently, in order to reach the answer for such a question it is necessary in this research to make a comparison between the Iraqi provisions with the Egyptian provisions in return in terms of adhesion, whether or not to apply to e-contracts.

Consequently, as a result of this comparison and analysis, a new theory of adhesion has emerged for e-contracts that seems familiar to the classic one but not entirely, this is to say that the new theory has shortened the terms of the classic theory into two conditions instead of three ones

نمط استشهاد جمعية علماء النفس الأمريكية (APA)

al-Jabburi, Muhannad Hamad Ahmad. 2022. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences،Vol. 11, no. 41، ج. 1, pp.353-374.
https://search.emarefa.net/detail/BIM-1404000

نمط استشهاد الجمعية الأمريكية للغات الحديثة (MLA)

al-Jabburi, Muhannad Hamad Ahmad. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences Vol. 11, no. 41, p. 1 (May. 2022), pp.353-374.
https://search.emarefa.net/detail/BIM-1404000

نمط استشهاد الجمعية الطبية الأمريكية (AMA)

al-Jabburi, Muhannad Hamad Ahmad. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences. 2022. Vol. 11, no. 41، ج. 1, pp.353-374.
https://search.emarefa.net/detail/BIM-1404000

نوع البيانات

مقالات

لغة النص

الإنجليزية

الملاحظات

-

رقم السجل

BIM-1404000