مجلس العقد الإلكتروني التجاري عبر وسائط التواصل الافتراضي " دراسة مقارنة بين الشريعة والقانون الإماراتي"
The Internet has become the ideal means of communicating, transferring and presenting information. With the emergence of electronic commerce activities and the emerging legal relations in its environment, it began to face many legal challenges to the existing legal systems, centered on the impact of...
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| Summary: | The Internet has become the ideal means of communicating, transferring and presenting information. With the emergence of electronic commerce activities and the emerging legal relations in its environment, it began to face many legal challenges to the existing legal systems, centered on the impact of the use of electronic means in the implementation of commercial activities. Although the UAE legislator regulates laws related to electronic transactions and commerce, the problem of the current study is the adequacy of the texts of the two laws to accommodate electronic contracting, and whether they ensure that electronic contracting is included as a means of expressing the will. The current study came to identify the meaning of the commercial electronic contract in Islamic jurisprudence and UAE law, and to clarify what distinguishes the electronic contract from the traditional contract, and to find out the authority of proof in the commercial electronic contract, and to clarify how to apply the option of the condition and the option of the Council in commercial electronic contracts, and finally to reveal the concept of option. The defect and its impact on electronic contracts in jurisprudence and UAE law. The current study relied on the comparative and descriptive approach. The study concluded a number of results, the most important of which are: that the electronic commercial contract in Islamic jurisprudence is a type of contract that is concluded remotely, between absent people in terms of location, through the use of a means of communication, and electronic contracts are not limited to contracting via the Internet, but include Also contracting made through other electronic means of communication. While the UAE legislator did not provide a definition of the electronic contract, but rather provided a definition of automated electronic transactions. The UAE legislator has taken the expanded concept of the electronic contract, a definition that is ambiguous and ambiguous. Also, the electronic contract does not differ in its form, structure, types and content from the traditional contract. The study recommended the need for the UAE legislator to define a definition of electronic contracts, amend Article 220 of the UAE Civil Transactions Law and circulate the ruling if the option of the condition is for either or both parties. The necessity of providing a comprehensive definition that prevents electronic authentication, including both traditional and electronic writing, and rearranging the text of Article 551 of the Civil Transactions Law. |
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