PRIVACY OF OFFER AND ACCEPTANCE IN ELECTRONIC CONTRACTS
Main Article Content
Abstract
The contract concluded in the digital environment has a peculiarity that distinguishes it from the traditional contract, and since the offer and acceptance are the main pillar of any contract, including the electronic contract, the spread of electronic transactions imposes a study of privacy that distinguishes them in the digital environment, both in terms of their legal definition or in terms of the characteristics that characterize the electronic offer as the will that initiates the contract, while determining its legal nature in the digital environment. As for electronic acceptance, it is expressed through several electronic methods and media, including that it is expressed via e-mail, or by clicking on the admission icon on the website, or by chat and direct viewing, and the specificity of electronic admission is highlighted in the determination of the right to withdraw from it and in the invalidity of silence to express acceptance in the digital environment, the special nature of the electronic offer and acceptance is the one that imposed a special legal regulation, or At least a legal adaptation of traditional legal texts in line with this privacy that would enhance trust in electronic transactions
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References
Order No. 75/58 dated 09/26/1975 including the Civil Code, Official Gazette of the Algerian Republic, No. 78, issued on 09/30/1975, amended and supplemented.
United Nations, UNCITRAL Model Law on Electronic Commerce with a Guide to Legislation 1996 -with additional Article 5 bis as adopted in 1996-, New York, 2000.
Law No. 18/05 dated 05/10/2018 relating to electronic commerce, Official Gazette of the Algerian Republic, No. 28, issued on 05/16/2018.
Law No. 18/09 of 06/10/2018 amending and supplementing Law No. 09/03 relating to consumer protection and the suppression of fraud, Official Gazette of the Algerian Republic, No. 35, dated 06/13/2018.
Al-Arabi Belhaj, The General Theory of Obligation in Algerian Civil Law, Part One (Legal Act - Contract and Unilateral Will), Office of University Publications, Algeria, 2001.
Hamza Belhassini, The Specificities of the Offer in E-Commerce Contracts, Mediterranean Dialogue Magazine, Issue 2, Volume 13, September 2022.
Jamal Bouchnafa, The Specificity of Consent in Electronic Contracts, Professor Researcher Journal for Legal and Political Studies, Issue 10, Volume 1, June 2018.
Maryam Yaghli, Electronic Consumer Satisfaction: What Protection in Law 18/05 on E-Commerce?, Al-Wahat Journal for Research and Studies, Issue 2, Volume 15, 2022.
Fatima Zahra Rabhi Taboub, Electronic Transactions Law According to Law 18/05, House of Ideas, Algeria, 2nd Edition, 2021.
Lama Abdullah Sadiq Salhab, Electronic Contract Council, Master's Thesis in Law, Faculty of Studies Higher, An-Najah National University in Nablus, Palestine, 2008.
Malika Jami, Information Consumer Protection, PhD Thesis in Legal Sciences, Specialization in Private Law, Department of Law, Faculty of Law and Political Science, Djillali Liabes University, Sidi Bel Abbes, 2017-2018.
Rima Karawan, Samia Bin Al-Sheikh Al-Faqoun, The Legal Framework for the Consensus of Wills in E-Commerce Contracts, Electronic Journal of Legal Research, Issue 7, 2021.
Nagwa Raafat Muhammad Mahmoud, The Legal System of the Electronic Contract Council, South Valley University International Journal of Legal Studies, Issue 5, 2020.
Hassan Muhammad Omar Al-Hamrawi, Expression of Will in Electronic Contracting via Website and Means of Its Protection - A Comparative Study between Civil Law and Islamic Jurisprudence -, Journal of Jurisprudential and Legal Research, Issue 39, October 2022.
Amina Al-Arabi Shahat, Consent in the Electronic Contract in Light of Recent Changes, Journal of Law and Humanities, Issue 03, Volume 14, Year 2021.
Alaa Muhammad Al-Fawaeer, Electronic Contracts - Consent. Expression of Will "Comparative Study" - Dar Al Thaqafa for Publishing and Distribution, Amman, Jordan, First Edition, 2014.
Zahra Jqrif, Wasila Sharit, Civil Protection of the Electronic Consumer under Law 18/05 on Algerian E-Commerce, Issue 03 (Special Issue), Volume 11, 2020.
Rachida Aksoum Aylam, Legal Status of the Electronic Consumer, Third Stage Doctoral Thesis (LLM) in Law, Specialization in Private Internal Law, Department of Law, Faculty of Law and Political Science, University of Mouloud Mammeri - Tizi Ouzou -, 06/12/2018.
Marginalization:
(1) Official Gazette of the Algerian Republic, Issue 28, issued on 05/16/2018.
(2) Al-Arabi Belhaj, The General Theory of Obligation in Algerian Civil Law, Part One (Legal Act - Contract and Unilateral Will), Office of University Publications, Algeria, 2001, p. 67.
(3) Hamza Belhassini, The Specificities of the Offer in E-Commerce Contracts, Mediterranean Dialogue Magazine, Issue 2, Volume 13, September 2022, p. 53.
(4) Jamal Bouchnafa, The Specificity of Consent in Electronic Contracts, Al-Ustadh Al-Baheth Journal for Legal and Political Studies, Issue 10, Volume 1, June 2018, p. 130.
(5) Maryam Yaghli, Electronic Consumer Satisfaction: What Protection in Law 18/05 on E-Commerce?, Al-Wahat Journal for Research and Studies, Issue 2, Volume 15, 2022, p. 443.
(6) Jamal Bouchnafa, previous reference, p. 131.
(7) Fatima Zahra Rabhi Taboub, Electronic Transactions Law According to Law 18/05, House of Ideas, Algeria, 2nd edition, 2021, p. 132.
(8) Text of Article 12/1 of Law No. 18/05 on e-commerce.
(9)Text of Article 11 of Law No. 18/05 on e-commerce.
(10) United Nations, UNCITRAL Model Law on Electronic Commerce with a Guide to Legislation 1996 - with additional article 5 bis as adopted in 1996 -, New York, 2000.
(11) Fatima Zahraa Rabhi Taboub, previous reference, p. 130. Jamal Bushnafa, previous reference, p. 131.
(12) Hamza Belhassini, previous reference, pp. 55. 56.
(13) Fatima Zahraa Rabhi Taboub, previous reference, p. 131.
(14)Jamal Bushnafa, previous reference, pp. 133. 134. Lama Abdullah Sadiq Salhab, Electronic Contract Council, Master's thesis in law, College of Graduate Studies, An-Najah National University in Nablus, Palestine, 2008, pp. 87. 88.
(15) Malika Jami, Information Consumer Protection, PhD thesis in Legal Sciences, Specialization in Private Law, Department of Law, Faculty of Law and Political Science, Djillali Liabes University, Sidi Bel Abbes, 2017-2018, pp. 73. 74.
(16) Fatima Zahra Rabhi Taboub, previous reference, p. 136.
(17) Rima Karawan, Samia Ben Sheikh Al-Faqoun, The Legal Framework for the Consensus of Wills in E-Commerce Contracts, Electronic Journal of Legal Research, Issue 7, 2021, pp. 118. 119.
(18) Nagwa Raafat Muhammad Mahmoud, The Legal System of the Electronic Contract Council, South Valley University International Journal of Legal Studies, Issue 5, 2020, p. 393.
(19)The same reference and page.
(20) Jamal Bouchnafa, previous reference, p. 136.
(21) Rima Karawan, Samia Bin Sheikh Al-Faqoun, previous reference, p. 119.
(22) Order No. 75/58 dated 09/26/1975 includes the Civil Code, Official Gazette of the Algerian Republic, No. 78, issued on 09/30/1975, amended and supplemented.
(23) Hassan Muhammad Omar Al-Hamrawi, Expression of Will in Electronic Contracting via Website and Means of Its Protection - A Comparative Study between Civil Law and Islamic Jurisprudence -, Journal of Jurisprudential and Legal Research, Issue 39, October 2022, p. 636.
(24) Jamal Bushnafa, previous reference, p. 136.
(25) Fatima Al-Zahra Rabhi Taboub, previous reference, p. 141.
(26) Hassan Muhammad Omar Al-Hamrawi, previous reference, p. 637.
(27)Amina Al-Arabi Shahat, Consent in Electronic Contracts in Light of Recent Changes, Journal of Law and Humanities, Issue 03, Volume 14, 2021, p. 165.
(28) Muhammad Hassan Omar Al-Hamrawi, previous reference, p. 329.
(29) Alaa Muhammad Al-Fawaeer, Electronic Contracts - Consent. Expression of Will: A Comparative Study, Dar Al Thaqafa for Publishing and Distribution, Amman, Jordan, First Edition, 2014, p. 144.
(30)Hassan Muhammad Umar Al Hamrawi, previous reference, p. 630.
(31) Text of Article 68 of the Algerian Civil Code.
(32) Jamal Bouchnafa, previous reference, pp. 136. 137.
(33) Fatima Zahra Rabhi Taboub, previous reference, p. 145.
(34) Fatima Zahra Rabhi Taboub, previous reference, p. 199.
(35) Alaa Mohamed Al-Fawair, previous reference, p. 145. Zahra Jqrif, Wasila Sharit, Civil Protection of the Electronic Consumer under Law 18/05 on Algerian E-Commerce, Issue 03 (Special Issue), Volume 11, 2020, p. 197.
(36) Rachida Aksoum Aylam, Legal Status of the Electronic Consumer, Third-stage PhD Thesis (LLM) in Law, Specialization in Private Internal Law, Department of Law, Faculty of Law and Political Science, University of Mouloud Mammeri - Tizi Ouzou -, 06/12/2018, pp. 368. 369.
(37) Text of Articles 22 and 23 of Law No. 18/05 relating to e-commerce.
(38) Official Gazette of the Algerian Republic, No. 35, dated 06/13/2018.