المجلة الدولية للبحوث القانونية والسياسية
Volume 9, Numéro 1, Pages 88-100
2025-05-31

Rules For Identifying The Relevant Law In The Electronic Contracts Fields

Authors : اسماء طالبي . رزيقة قريشي .

Abstract

As a result of the technological revolution that emerged in the mid-twentieth century and the resulting enormous production and distribution capabilities, Consumer protection has become a significant issue that requires the attentions of legislators in most of the countries worldwide. The emergence of electronic commerce, accompanied by its evolution to occur via the Internet, has significantly affected the legal framework of traditional contracts, leading to the emergence of what is referred to as cross-border electronic shopping. This necessitated measures to reach electronic contracting, where one of the key players is frequently the customer. As a result, identifying the relevant legislation became necessary to safeguard customers in the online marketplace. The law selected by the parties (fundamental regulations) controls electronic commercial transactions; however, there are issues beyond the parties' will, represented in precautionary regulations closely associated with the contract, for example when the parties do not specify the law that governs the field, either directly or indirectly.

Keywords

Electronic Commerce ; Applicable Law ; Electronic Transactions ; Electronic Contract ; Principle of Freedom of Contract ; Conflict of Laws Rules.