القانون الواجب التطبيق على عقد التوزيع الحصري الإلكتروني في حالة عدم االتفاق على القانون : دراسة مقارنة

الملخص EN

The electronic exclusive distribution contract is one of the important contracts in reviving the international trade movement.

Given the complexity of economic relations in this type of contracts, it results in multiple legal problems.

There are two main relationships in the exclusive electronic distribution contract, the first is the relationship that arises between the suppliers or product with the distributor, which will be the focus of our study, and the second relationship, is the relationship that arises between the distributor and the consumer.

By virtue of the fact that the supplier is the owner of the economic power in the exclusive electronic distribution contract, the supplier imposes its conditions on the distributor through pre-prepared clauses, so that the distributor finds himself in front of two options: refuse or accept the contract on the terms of the supplier.

From this point of view, the legal problems related to the law governing the contract appear.

Through the traditional rules of conflict, the will of the parties to the contractual relationship is examined, whether it is explicit or implicit.

Where the judge can determine the law applicable to the dispute through the will of the parties to the exclusive electronic distribution contract.

However, legal problems appear in the event that the law that will govern disputes related to the exclusive electronic distribution contract is not specified, and accordingly, a search for the applicable law is required in the rigid rules of attribution.

In the event that the judge is unable to derive the applicable law through rigid attribution rules, he will resort to flexible attribution rules and try to link the contract with the law most relevant to the contract or link it to the distinguished performance of the parties to the contract.