مؤسسة الشرق الأوسط للنشر العلمي
عادةً ما يتم الرد في غضون خمس دقائق
Abstract
The tremendous technological development that prevailed in the world has a great impact on all aspects of life. The consequence we are concerned with in this field of research is the emergence of what is known as the electronic contract (e-contract), as it has become possible for a person anywhere to buy any commodity, or get any service from anywhere in the world without the need to move to the seller's place. Despite the great similarity between the traditional contract and the electronic contract, the latter has some uniquely characteristics. It is concluded between two parties who do not exist in the same place or session. In addition, the contract could be concluded between a natural person and an electronic machine as the producer sets the terms of the contract in advance. This issue led us to question about the legal nature of the electronic contract; is it a kind of bargaining contracts? If so, it would be subject to the principle “pacta sunt servanda (the contract equally binds both parties)”. Or is it a kind of adhesion contracts? If so, it would be subject to the provisions of this sort of contracts, such as the interpretation of the contract, as the contract must be interpreted in adhesion contracts for the benefit of the acquiescent party, as well as the judge's authority to amend the terms of the contract if it includes arbitrary conditions. In this research, we revealed that an electronic contract may be a sort of adhesion contract if it is concluded through websites, where the terms are established in advance, and the offeree (customer or buyer) may accept or reject such a contract. In a few cases, the contract is modified and becomes a bargaining contract if concluded via e-mail, chat rooms or social media