التعبير الإلكتروني للإرادة و أثره في العقود المالية

Abstract EN

The study deals with the issue of the electronic expression of the will and its impact in the financial contracts based on the will expressed by the person in his desire to contract.

The importance of the paper highlights the issue of the consent of the contract to the apparent will that demonstrates his inner will, the study aims at presenting the sayings of scholars in ancient and modern times on the question of the means of expression of the will in the traditional contracts and electronic contracts, and the argument of each team for the validity of these means in the expression of will, until it is achieved.

Satisfaction that God has commanded in his book, while ensuring the absence of electronic contracting for defects affecting the safety and match the offer with acceptance, so that the financial contract is not affected due to the defect resulting from the lack of offer compatibility with acceptance.

The problem of the study is that the origin in the consensual financial contracts as stated in the Book of Allah, but this satisfaction does not seem to have any apparent significance to it.

Otherwise, the contract, whether electronic or traditional, will be affected.

The researcher follows in this study: the historical and analytical inductive method.

The study reached some results, including: the validity of the electronic expression of will through the web, but Henkelk tool uses more than one means at the same time as the image and sound, which demonstrates the desire of the person to express and satisfaction of the contract and the resulting effects.