آليات التراضي في العقود الإلكترونية بين المعاملات المدنية و الإدارية

Abstract EN

Based on the principle of the autonomy of will, individuals conclude electronic civil contracts like ordinary civil contracts.

The will of the parties corresponds electronically from a distance through offer and acceptance via electronic means, which may be on an international or local scale.

However, all of this does not adversely influence the general principles governing civil contracts, but may even offer some positives, such as proof of contract by electronic documents and electronic signature.

On the other hand, through the principles of competition, free access to public requests, and transparency requirements in the management of public funds, Governments and administrative bodies are working to conclude electronic administrative contracts by adopting electronic means of communication between the parties that guarantee and support most of the above-mentioned principles.

However, what controls the compatibility of the contractors will in ordinary administrative contracts is the same in electronic administrative contracts, as the nature of the contracting parties is unequal as is customary.