The mechanism of adhesion in commercial electronic contracts
Author
al-Jabburi, Muhannad Hamad Ahmad
Source
Journal of college of Law for Legal and Political Sciences
Issue
Vol. 11, Issue 41، ج. 1 (31 May. 2022), pp.353-374, 22 p.
Publisher
University of Kirkuk College of Law and Political Sciences
Publication Date
2022-05-31
Country of Publication
Iraq
No. of Pages
22
Main Subjects
Topics
Abstract EN
The issue of electronic contracts in e-commerce has become recently a fundamental pillar in worldwide economy.
Similarly, the classic adhesion theory seems to be incompatible somehow with the new generation of commercial e-contracts particularly in its terms.
The classic one has three terms for having adhesion existed, while these three terms are incapable entirely to apply to the abovementioned new generation of contracts.
This has amplified the need for a new theory of adhesion for such contracts.
As a result, the core question of this research is going to be: Are electronic commercial contracts really adhesive? If so, is the classic adhesion theory applied to it in its old terms and conditions? Or there is a new solution? Subsequently, in order to reach the answer for such a question it is necessary in this research to make a comparison between the Iraqi provisions with the Egyptian provisions in return in terms of adhesion, whether or not to apply to e-contracts.
Consequently, as a result of this comparison and analysis, a new theory of adhesion has emerged for e-contracts that seems familiar to the classic one but not entirely, this is to say that the new theory has shortened the terms of the classic theory into two conditions instead of three The issue of electronic contracts in e-commerce has become recently a fundamental pillar in worldwide economy.
Similarly, the classic adhesion theory seems to be incompatible somehow with the new generation of commercial e-contracts particularly in its terms.
The classic one has three terms for having adhesion existed, while these three terms are incapable entirely to apply to the abovementioned new generation of contracts.
This has amplified the need for a new theory of adhesion for such contracts.
As a result, the core question of this research is going to be: Are electronic commercial contracts really adhesive? If so, is the classic adhesion theory applied to it in its old terms and conditions? Or there is a new solution? Subsequently, in order to reach the answer for such a question it is necessary in this research to make a comparison between the Iraqi provisions with the Egyptian provisions in return in terms of adhesion, whether or not to apply to e-contracts.
Consequently, as a result of this comparison and analysis, a new theory of adhesion has emerged for e-contracts that seems familiar to the classic one but not entirely, this is to say that the new theory has shortened the terms of the classic theory into two conditions instead of three ones
American Psychological Association (APA)
al-Jabburi, Muhannad Hamad Ahmad. 2022. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences،Vol. 11, no. 41، ج. 1, pp.353-374.
https://search.emarefa.net/detail/BIM-1404000
Modern Language Association (MLA)
al-Jabburi, Muhannad Hamad Ahmad. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences Vol. 11, no. 41, p. 1 (May. 2022), pp.353-374.
https://search.emarefa.net/detail/BIM-1404000
American Medical Association (AMA)
al-Jabburi, Muhannad Hamad Ahmad. The mechanism of adhesion in commercial electronic contracts. Journal of college of Law for Legal and Political Sciences. 2022. Vol. 11, no. 41، ج. 1, pp.353-374.
https://search.emarefa.net/detail/BIM-1404000
Data Type
Journal Articles
Language
English
Notes
-
Record ID
BIM-1404000