الشكلية في عقد البيع الإلكتروني للإثبات أم للانعقاد

Abstract EN

The Algerian legislator decreed the principle of functional parity between print documents and electronic documents which allowed the conclusion of online electronic sales contract.

the research endeavors to reveal the extent of the Algerian project’s reliability on electronic dealings through scrutinizing the formalism of the electronic sale contract and its stance vis-à-visthecustomary and official contracts, the significance of the latter in relation to the impact of the evidentiary principles on the digital evidence as much as it aims to determine the limits of the aforementioned equality.

the study undertakes the analytical and descriptive approach Est scrutinize legal texts at the national and comparative legislation level.

the descriptive and commentary aspects of the study intend to reach a conclusion that the electronic sales contract's formalism is indirect insomuch as an electronic intermediary intervenes to grant a certificate of ratification that differs from the certificate issued by a notary who sepurpose is to document the contracting parties' will and protect the contract data from piracy and distortion.