Characteristics of the Sales Contract in E- commerce under Jordanian Legislation. Analytical Study

doi:10.7176/jlpg/118-02

Abstract

In e-Commerce, sales contract is a vital element in the trading and selling of commodities and in the provision of services, resulting in increased production and profit. Sales contract assures that commodities are efficiently delivered to consumers with consideration towards consumer needs, and supply and demand. This study examined one major issue relating to sales contract in e-Commerce, a vital mechanism in economic development, by combining sales contracts on products and services. For consumer protection, Jordanian legislators should ratify rules and regulations to govern the practices between parties. A descriptive analytical method was applied in this study for its suitability in legal provisions initiation. Analyses were performed to attain outcomes that will fill the research gaps concerning sales contract aside from determining a legal way for contract in e-Commerce. In Jordan, the lack of legal regulatory framework that stimulates sales contract has caused issues among producers, distributors, and consumers. Keywords: Sales contract, e-Commerce, Jordan, Legal, Regulation DOI: 10.7176/JLPG/118-02 Publication date: February 28 th 2022

Highlights

Commercial contract law or the classical contract law espouses the freedom of contract principle
As the modern contract law eases commercial relations and safeguards the legitimate and judicious expectations of the involved parties, it is deemed appropriate in the context of e-commerce
In Jordan, the applied general theory of contracts follows the freedom of contract Articles 87-249 of the Jordan Civil Law 1976 (JCL) whereby the involved parties are considered equals in their corresponding bargaining power

Summary

Introduction

Commercial contract law or the classical contract law espouses the freedom of contract principle. In Jordan, the applied general theory of contracts follows the freedom of contract Articles 87-249 of the Jordan Civil Law 1976 (JCL) whereby the involved parties are considered equals in their corresponding bargaining power. In this country, the general principles provided by JCL is the only governance system in dealing with consumer issues, on-line and off-line. Legal system in Jordan In Jordan, the legal system follows Civil Law 1976 (JCL 1976) jurisdiction This jurisdiction is comparable to the French law jurisdiction model whereby the rules are codified into written statutes. If such recourse is non-existent, the Shari’a principles should be referred, but if such recourse is non-existent (3) the custom of the land shall be referred, or otherwise, the rules of equity will apply. (4) The judicial decisions and jurisprudence shall be made so long they are not objectionable to it.

Contract under the Jordanian Civil Law JCL was passed in 1976 replacing the 1876

Electronic Commerce Consumer Contract of Jordan The Jordanian legislation, in its

Consensual Contract

Netting Contract (Exchange)

A binding Contract for both Sides and a Contract of Transfer of Ownership

Conclusion