التجارة الإلكترونية و مبدأ حرية الإثبات

Abstract EN

Algerian legislator has applied the recommendations issued by various bodies concerned with regulating international trade.

In the beginning, he intended to raise the value of electronic documents to the level of traditional ones in terms of authenticity of proof.

Which is reflected in adapting the existing proof provisions to accommodate electronic evidences, by admitting writing and signing in electronic form, then through issuing the Electronic Signature Law 04-15, through which the principle of functional equivalence between traditional and electronic signatures was adopted, and finally with issuing Electronic Commerce Law 18-05, whose provisions focused on regulating the most important contractual relationship, that which links the electronic supplier with the electronic consumer, Through a model contract, that guarantees the rights of both parties and forms an electronic evidence acceptable to the court.

In its careful legislative march towards establishing an electronic transactions system, the legislator maintained its original approach in adopting the mixed, which is based on two opposing principles, the principle of restricted proof in civil matters and the principle of freedom of proof in commercial matters.