التكييف القانوني لخيار الرجوع في عقد البيع الإلكتروني : دراسة مقارنة

Abstract EN

The means used by man to meet his needs and desires are simple and easy, at first the human being was doing his thing through bartering - i.e.

swapping a commodity for a commodity - until he developed in finding alternatives to the barter system, which is to exchange a commodity for a sum of money, and it was done through the simple contracts he made with the other contractor.

As a result of the tremendous development that has taken place in different aspects of life and the complexity of the working life of the individual, and the accompanying need to speed up the conclusion of contracts, to spend his various needs, as a result ofthe use of modern means and techniques by contractors in the contract, which were not previously known, namely remote contracting, contractors in the modern era used modern means of communication (telephone, fax, telex and the Internet) to conclude their contracts, and this showed a difference in contracting in that one of the contractors (seller) He is a professional who uses means of pressure and temptation through advertising means, facilities and reductions on goods and services, matched by a weak party, the buyer (consumer) who lacks experience, and offers to contract without thinking and narration, and may as a result regret to sign a commodity or service that does not meet his needs and desires, and the jurisprudence departs from a mechanism that facilitates the weak party in this case, which is to give the buyer the option of returning to the electronic sales contract concluded for Go away.

It turns out that the electronic sales contract is of a special and unnamed nature.