شروط صحة التعاقد الإلكتروني في الفقه والقانون

Abstract

Abstract

The research aimed to the reality that the lives of individuals are rather a mixture of different daily interactions between them, and these transactions only produce effects between the dealers, and unless there is a legal culture for the community, and laws that clearly define the disputes of the local or international contract until the court can reach the will of the parties Al-Batin, it is difficult to reach a just solution to the dispute, considering that the electronic contract differs from traditional contracts.

 A descriptive and analytical approach was followed, and legal references, university and legal theses and the Internet were used as research tools. And reached the most important results: The electronic contract is distinguished from the traditional contract by the means by which it is concluded, as it is held through electronic and technological messages in the Internet, fax, mobile phone and other means of communication, and this contributes in real time to saving time, effort and money, which is what created the uniqueness of the electronic contract, and it must be organized The elements of the electronic contract ((affirmative)) acceptance or in the relevant national laws where the Sudanese Electronic Transactions Act 2007 enacted the regulation of electronic transactions, but we consider that it omitted many in the original aspects such as delivery of moral property and this matter was not addressed by the law Civilization is considered a common law, and the electronic contract is characterized by an international feature that makes most countries in the world in a permanent state of communication on the electronic line on the Internet and this also puts us in the face of the problem of the law applicable to the electronic contract, and since electronic contracts are contracts that are done remotely in time and absent In place, this specificity plays an effective role in a difference in the general standards of jurisdiction.

The researcher also recommends that I call on the Sudanese project in particular to establish a legal organization for electronic transactions, including the criteria and controls of asylum for the judiciary, due to the importance of these transactions and the breadth and scope of their effectiveness, and direct the necessity of cooperation between countries to develop a specific system that outlines the provisions for the application and implementation of court rulings issued in electronic disputes because the ruling The value for it without its implementation, and encouraging the Sudanese people to engage in smart dealing with electronic commerce and directing in workshops. Lectures on the benefits of electronic commerce and electronic contracts in particular, because of what it refers to people.