القانون المطبق على منازعات العقود الإلكترونية في ظل قواعد الإسناد التقليدية : قانون الإرادة أنموذجا

Abstract EN

The electronic contract, in its various forms and methods of concluding it, has become of considerable importance in the contractual arena in all countries of the world, and has become a means to which dealers resort to among themselves.

A profit of time and a shortening of distances.

As a result of these advantages, the use of this method is no longer the preserve of internal transactions.

Rather, it goes beyond it, to become a means of concluding agreements between parties who are not united by the unity of the place, with the intention of meeting needs that are not available to them in their country, or that are available, but the material interest requires bringing them from outside.

In such assumptions, the electronic contract will include a foreign element in one of its elements, making it an international contract.

Although this feature is an advantage, it may lead to raising the issue of the law applicable to the international electronic contract in the context of conflict of laws, especially in light of the existence of traditional attribution rules such as the law of will, which is the basis of traditional contracts, and through this research we will stand on the extent of The law of will and the nature of the electronic contract are in line with the field of conflict of laws, so if the electronic contract collects the conditions that make it subject to conflict, it must be organized within its own attribution categories, with the need to allocate an attribution officer commensurate with his nature.