PRIVACY OF CONTRACT FORMATION IN THE DIGITAL ENVIRONMENT (IN ALGERIAN LAW)
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Abstract
This study aimed at highlighting the aspects of the peculiarity of concluding a contract in the digital environment, as it is mostly written in paperless digital supports stored within information systems. We found that although it agrees with the traditional contract in most of the rules, its peculiarity appears mainly in the way it is concluded, as it is done through electronic media This study also aimed to shed light on the most important issues raised by the electronic contract, the most important of which is the issue of clicking on the consent icon, the extent to which it is sufficient for the legal expression of acceptance, and the extent to which silence is considered valid as an expression of acceptance in electronic contracting.
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References
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Theses:
Argylos Rahab, 2017-2018. The Legal Framework of Electronic Contracts: A Comparative Study. PhD Thesis, Specialization: Advanced Private Law, Faculty of Law and Political Science, Ahmed Draia University, Adrar, Algeria.
Belkacem Hamidi, 2014-2015. Formation of Electronic Contracts. PhD Thesis, Faculty of Law and Political Science, Hajj Lakhdar University, Batna, Algeria.
Ben Khodra Zahira, 2015/2016. The Legal Nature of Electronic Contracts. PhD Thesis, Faculty of Law, University of Algiers 1, Algeria.
Ajali Khaled, 2014. The Legal System of Electronic Contracts in Algerian Legislation: A Comparative Study. PhD Thesis, Faculty of Law and Political Science, Mouloud Mammeri University, Tizi Ouzou, Algeria.
Lazaar Waseela, 2018/2019. Consent in Electronic Contracts. PhD Thesis, Specialization in Private Law, Faculty of Law and Political Science, Larbi Ben M'Hidi University, Oum El Bouaghi, Algeria.
Articles in Academic Journals:
Bouhamla Salah Eddine, (2019). The Specifics of Offer and Acceptance in Electronic Contracts. Journal of Humanities, University of Mentouri Constantine, Vol. 30, No. 3, Algeria.
Bouchnafa Jamal, (2018). The Specifics of Consent in Electronic Contracts. The Researcher’s Journal of Legal and Political Studies, University of Mohamed Boudiaf, M'sila, Vol. 1, No. 10, Algeria.
Rabhi Taboub Fatima Zahra, 2020. The Reality of the General Theory of Contracts in the Digital Environment. Research Journal, University of Algiers 1, Part 1, No. 14, Algeria.
Aqeel Fadel Mohamed Al-Dahan, (2007). The Legal Nature of the Electronic Contract Forum. Journal of the Faculty of Law, Al-Nahrain University, Iraq, Vol. 18, Issue 10.
Lazaar Waseela, (2018). Acceptance in Electronic Contracting. Journal of Legal and Social Sciences, Ziane Achour University, Djelfa, No. 9, Vol. 9, Algeria.
Conference Contributions:
Ajeel Tariq Kazem, May 20, 2009. The Electronic Contract Forum. Conference on Electronic Transactions (E-Commerce, E-Government), United Arab Emirates University – Abu Dhabi.
Ali Hadi Al-Obaidi, May 19-25, 2009. The Timing of Electronic Contract Formation in UAE Legislation. Conference on Electronic Transactions (E-Commerce, E-Government), UAE University for Research and Strategic Studies – Abu Dhabi.