دور إرادة المتعاقدين في تحديد القانون واجب التطبيق على عقود التجارة الإلكترونية

Abstract EN

E-commerce contracts are one of the manifestations of the rapid development in modern means of communication, and were particularly associated with the emergence of the internet, which led to the development of a new type of trade, which is called e-commerce, just as new types of behaviour and legal relations, especially in the field of contracting, where the term electronic contracts, are concluded through electronic media, in an immaterial medium and not linked to a specific geographical place or territory, emerged.

these electronic contracts are often stamped as international commercials, and due to their specificity, which distinguishes them from traditional ones that are concluded in a specific place between known parties and on written paper supports, legal issues have arisen regarding the law applicable to them.

in principle, e-commerce contracts, like other traditional international trade ones, are subject to the general principles of conflict of laws, but their special nature may require special solutions.

in this context, various national legal and legislative systems- especially international ones- have addressed this issue, favouring the law of the will of the contracting parties explicitly or implicitly, to be applicable to the contract, with reference to other rules in the absence of such a determination.

in this study, we will address the role of the will of the contracting parties in determining the applicable law, provided that we first address the nature of electronic commercial contracts, and then the various issues related to the law of the will and its role in determining the law that must be applied to the electronic commercial contract.