Formality in Electronic Contracts
Abstract
The law contains many types of formal contracts, including the sale of real estate contract, the mortgage and the mortgage insurance on real estate, and the contract for the sale of machinery and vehicles and the contract of sale of the ship. The purpose of this research is to highlight the concept of form, because of the growing importance that has become and which began to expand the expansion of contracts and the multiplicity of new contracts have become necessary to the legal texts to address the effects of legislative treatment, especially electronic contracts, which form has an important role in the conclusion for the privacy it enjoys. Where the vast and accelerating development in today's world, which knows no boundaries except God's will, requires abandoning the traditional methods of life in general, and the tendency to satisfy them through the computer and dialogue through those and the elimination of borders for the speed of those devices easy to use. This leads us to: 1) examine the nature of these contracts and 2) the extend of the possibility of adhering to traditional formality, and 3) whether electronic formality could replace traditional formalism to overcome the difficulties of establishing electronic contracts? and 4) can formalities be completed in the same way when an electronic contracts is concluded its writing on paper or it absorbs electronic writing? and 5) whether the electronic signature is the normal signature required by law? and 6) are the rules for electronic contracts applied to all contracts and legal acts or there are contracts and action excluded from subject to electronic formalities.
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