إشكاليات ممارسة الحق في العدول عن العقد البيع الإلكتروني : دراسة مقارنة

Abstract EN

Technological development has brought about a pivotal change in the process of communication, especially in the field of contract-making.

This is particularly the case with sales contracts, which are relatively easy to draft, and are therefore one of the most commonly drawn up contracts on the internet and modern communication channels.

As this process, in many cases, occurs completely online, consumers must agree to the terms of the sales contract by relying solely on product descriptions and digital photographs posted by the seller.

This leaves consumers at a great disadvantage, as the seller's descriptions may be inaccurate, or falsely staged, with the aim of misleading the consumer.

In light of these risks, national legislation seeks to protect the consumer by developing a legal mechanism that addresses discrepancies in product descriptions and sales contracts.

This is done by regulating the right to rescind, which acts as an instrument that protects consumers by allowing them to revise their decision to sign a sales contract and purchase a product or service, including the ability to rescind the decision without needing to consult the second party, within a specified period of time.

Qatari legislation has regulated this mechanism in Article 57 of the Electronic Transactions and Commerce Law, No.

16, of 2010, which distinguishes between goods contracts and services contracts, and gives consumers a three-day time limit, that begins upon the signing of the contract, to rescind the contract, given that the consumer has not opened or used the purchased product or service following the signing of the contract.

Nevertheless, Qatari legislation has failed to adequately regulate this right, and has overlooked many important matters, including the effects of rejection.

Meanwhile, there are also some legislators who seek to prevent the regulation of this right, considering it a violation of the binding nature of contracts - even though the right to rescind is only applicable to e-contracts, which are restricted by certain characteristics and are considered public order.

Thus, it should not be permissible to drop this right, as it serves to protect the consumer – the weaker party within a sales contract – and is prevented from being an absolute right by the presence of regulatory bounds and conditions.