إثبات صحة العقد الإلكتروني في القانون الفرنسي

Abstract EN

E.

Contracting has faced a host of obstacles since its emergence, the key of which was that conventional legal rules didn’t recognize E-signature.

Hence, legislations had to intervene by setting legal and technological conditions for the recognition of E.

Contracting.

Such conditions include identity of contractors, security of contract and signature.

Vienna Convention of the International Sale of Goods, and United Nations Convention of the Use of Electronic Communications in International Contracts have both ratified the legality of E.

contracting, however French Law still excludes some contracts from E.

Contracting.

Legal framework of E.

Contracting was determined through the adaptation of conventional rules of E.

Contracting objective conditions along with contracts necessitating a special protection such as those concluded between customers and professionals and the nullification of all contracting clauses considered by judge as arbitrary without prejudice to the contract.

Such intensive protection to customers was intended to strike a balance between customers, the weaker party, and professionals who are more experienced.

Having recognized the legality of E.

Contracting, it was equally important to maintain and document it in a safer way to be considered as a proof.