Academic journal article Canadian Social Science

Affirmation Comparative Study between Traditional Contract and Electronic Contract

Academic journal article Canadian Social Science

Affirmation Comparative Study between Traditional Contract and Electronic Contract

Article excerpt

Abstract

In the electronic environment, several contracts will be conducted; especially that contracting is permissible legally through this mean. Since the contracting involves the affirmation and acceptance, I will address the electronic affirmation distinguishing it from the conventional affirmation. I have used the comparative analytical description method.

I have divided this research into two sections; the first one addressed the theory of contract, where the affirmation can be discussed only after clarifying the contract theory and indicating some specificity with respect to electronic contracting, while the second section addressed the affirmation, as a major pillar of contract by comparing conventional contract and electronic contracting.

Key words: E-Contract; Contract; Contract theory; Affirmation; Jordanian legislations

INTRODUCTION

The means of contracting through which individuals generally conclude their contracts and transactions passed through several stages of development of all elements and pillars of contract. The most important element that accompanied development is the environment of contracting through which the elements of the contracting are interchanged, as such contracting environment recently went from being, for hundreds of years, a conventional environment of contracting as a result of using telephone, fax, telex, telegraph and television, and that it came to (the Internet).

The Internet is a foreign term taken from the abbreviation of (International Network), and the Arabic contrast term perhaps leads to the significance of this term where it is called (the World Wild Web "WWW") in the sense that it is made up of linking very large numbers of computers and associated devices which are very spaced geographically through a network of technical channels and cables to eventually lead to the link between these devices and their contents, where connectivity between devices and users is through several forms (audio, image, video call, a written conversation, coded messages, regular messages) as well as the role they play in the area of transferring knowledge and social and scientific services... Etc... For the purposes of this research, we focus on the communication that is between individuals to contract through this network. It is noted that the other legislative techniques and methods could not confront the rapid growth of the technique of E-contracting by precise legislative identification in the various countries of the world and specifically in the developing countries, although these countries also varying in the field of legislative protection afforded to dealers in this mean, especially when we recognize that there are many problems that have not been noted by various legislation and have not been over search - at least in its current form - in this legislation.

One of the main subject matters is the means of expressing will through this network, especially when we know that the contractors do not know each other at all, but often do not live in one country, and this also raises a question about the contract assembly and contract venue and time for the purposes of determine the law applicable temporally and spatially on this contract, this is in addition to mention that this dealer is delusive or even impersonating for other persons trying contracting on their behalf for his account, or even selling data and products of others through cyber-crimes where the crime is made by simply pressing the buttons of a computer from unknown location, as well as major problems have been emerged such as the problem of proving these transactions and also the extent of its binding force in light of existing legislation. The jurisprudence have considerably studied the ways to solve such questions in the conventional contracts without fully setting a steady legal status, while this mean raised these issues again to be studied by Jurists, but in a more complex and accurate way

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