Abstract
Diverse activities such as electronic exchange of goods and services, instant digital content delivery, electronic funds transfer, electronic stock exchange, electronic bill of lading, commercial projects, common engineering and design, sourcing, government purchase, direct marketing and post-sales services included in e-commerce field. Due to the increasing spread of the electronic world in all aspects, electronic contracts, in turn, was of great importance and made significant contributions in business contracts. The present study aims to investigate the concept, fundamentals and history of electronic contracts referring to UNCITRAL Model Law on Electronic Commerce and Electronic Commerce Act (1996). The results indicate that in terms of the conclusion and obligations of the parties, contract in cyberspace in general is similar to the contract in the real world and in this respect, there is no major difference between these two contexts. Potential electronic contracts considered as written ones and Electronic signatures recognized as valid as the basis of the validity of the will in electronic trading.
Highlights
Electronic contracts considered as one of the most modern methods of contracting, especially in the field of commercial transactions, as stated in paragraph 1 of Article 12 of the UNCITRAL Model Law: “As between the originator and the addressee of a data message, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message”
These types of contracts have been accepted, there are some unclear points including; the electronic contracts benefit from the same nature of traditional contracts, but the differences could be found in terms of form and validity of electronic contracts based on general rules and regulations of civil laws considered as a new topic which identifying and studying the relations and rights arising from that depends on the formal structure of the electronic environment and communication technology concepts known in this field
The same regulations are governing the electronic and traditional contracts, emergence and development of electronic trade has led to a new challenge in the current law
Summary
Electronic contracts considered as one of the most modern methods of contracting, especially in the field of commercial transactions, as stated in paragraph 1 of Article 12 of the UNCITRAL Model Law: “As between the originator and the addressee of a data message, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message” These types of contracts have been accepted, there are some unclear points including; the electronic contracts benefit from the same nature of traditional contracts, but the differences could be found in terms of form and validity of electronic contracts based on general rules and regulations of civil laws considered as a new topic which identifying and studying the relations and rights arising from that depends on the formal structure of the electronic environment and communication technology concepts known in this field. Distance contracts have been used in Article 37 and 38, so to not cancel the legislative act; the “distance contract” and “remote transaction” have to be considered synonymous and recognized as electronic transactions supervisors
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