Electronic contract
- It is the agreement in which offer and acceptance meet on an open international network for remote communication, using audiovisual means through interaction between the offeror and the offeree.
- The Civil Code (Amended) used the term “transaction” instead of “contract” and defined transaction in a broad sense in Article 2 as:
“Any procedure taking place between two or more parties to create an obligation on one party or reciprocal obligations between two or more parties, whether this procedure relates to a commercial or civil act or is conducted with a government department.” - It is preferable, in my view, to restrict this to contracts since we are dealing with a commercial aspect, whereas electronic government mainly represents a service function governed by administrative law unless it acts as a private legal person.
- A contract is therefore the meeting of offer and acceptance through electronic means.
Types of Electronic Contracts:
1) Contracts concluded and performed entirely through the internet:
These contracts have intangible subject matter (audible or visual), such as information, computer programs, films, music, and educational software.
- They are concluded and fully performed online, especially when payment is also made through the network.
2) Contracts concluded online but performed in the physical world:
These involve tangible goods, where the internet serves only as a means of contracting.
- Consequently, all traditional contracts such as sale, service, and lease agreements can be concluded electronically, unless a specific formal requirement is imposed, such as a written signature.
- Electronic exchange contracts are distance contracts, meaning they are concluded between parties who are not physically present in the same contracting session (contracts between absent parties).