النظام القانوني للعقد الإلكتروني في التشريع الجزائري

الملخص EN

The electronic contract is among the most important means of electronic contracting.

its characteristics makes it different from contracts done in traditional manners.

however, these features arise many questions about the possibility of assimilating specific rules as far as the making, the excusion and proving these contracts, are concerned.

conversely, the principle of consensuality provided both sides of the contract, the freedom to choose any mean to express their desires as far as the general contract theory is concerned.

consequently, this paper attempts to give a jurisprudential defition to the E-contract and determine its components.

moreover, it aims to figure out the types of electronic contracts and ways to prove and execute them.

all in all, the paper in hand highlights the fact that e-contracting is specific and different from other contracts as it takes place online.

this specificity should be protected by law to achieve a secure use and proof, in addition to showing the importance of electronic payments and vertual money, especially after the outbreak of COVID-19 pandemic.