إبرام العقد الإلكتروني بين القانون المدني و القوانين الخاصة

Abstract EN

In light of the digital revolution, resorting to the conclusion of electronic contracts has become inevitable.

the specificity of the electronic contract collides with the traditional legal rules of the contract theory at all stages of the contract, especially in the conclusion stage.

the goal here is to conduct thinking about the most important points that represent the specificity of the electronic contract by mentioning the special texts that are organized in the stage of concluding the contract, as well as the most important general principles of the theory of the contract that remain dominant even in this type of modern contract and this is to draw closer to the goal of this research, which is not the study of the electronic contract for a unit, but by comparing it with the general theory of the contract in order to reach an understanding of the relationship between laws and extracting the most important gaps.

is there really an integration between the civil law and the special laws in organizing the electronic contract ? are the special laws touched on the essence of the contract by changing them, how to conclude the electronic contract ?