تطور وسائل التعبير عن الإرادة في إطار منظومة التجارة الإلكترونية

الملخص EN

Dealing within the framework of electronic commerce that takes place via the Internet or other electronic pillars, and the use of information and communication technology in its implementation, raises a set of challenges and technical and legal difficulties associated in general, both in the stages of expression of will, exchange of affirmative action and acceptance, Or in determining the elements of the contract and the mechanisms for its implementation, or in defining the time and place of the contract, and these difficulties are due to the fact that these operations are not carried out through a contract council that includes the supplier of the good or service and its applicant in one place, but rather the deal is concluded between two distant parties (contracting between entees).

Moreover, these operations are based on not using physical or paper documents or foundations, but rather on electronic supports, and therefore there is the issue of the difficulty of proving the obligations of the contracting parties.

Therefore, we found the legal regulation of contracting through electronic means, which calls for addressing the following two main issues: The first: consent in electronic contracts “expressing the will and the conditions for its validity in the electronic contract, ” which is the first topic.

The second: the time and place of concluding the electronic contract, which is the second topic.