الطبيعة القانونية للعقد الإلكتروني

الملخص EN

This research aims to study the legal nature of electronic contracts created by the world of communication widely prevelent in our lives, considering their response to different peoples’ requirements, the speed of conclusion and implementation despites the risks they represent.

What concerns us from these contracts is to determine their legal nature.

Are they bargaining contracts or compliance contracts ? The matter is so important from the scientific as well as the practical points of view, because in doing so, this would determine the type of protection to be provided to the contractor with modern facilities.

Following general rules, it is well known that the compliance contract gives the contractor weak right to challenge the conditions of any arbtrary included in the contract.

It also makes doubt be interpreted to his advantage whereas specific rules give grater protection against the professional as a consumer.

We notice the legislation regarding determinating the legal nature of electronic contracts be split into two different opinions.

The first one regards the latter as a bargaining contract, whereas the second a compliance contract.

The dispute is mainly due to the difference in determining the carachteristics of a compliance contract.

For instance, those who believe monopoly is the main carchteristic of a compliance contract would consider it a bargaining contract because of the absence of monopoly in it.

But those who consider monopoly is not a condition would therefore describe it as a compliance contract, and that the electronic contract is one of its kinds .

We, through this study intend to first define e- commerce, the electronic contract, and the position of the legislation towards them.

Then, we’ll try to state the different assumptions regarding their legal nature with the presentation of evidence and discussions to finally get to what we deem appropriate weighing in this regard.