Peculiarities of Expressing Will in Electronic Contracts (An Analytical Study in Light of the Provisions of Law no. 18-05 Regarding Electronic Commerce)

Abstract

The contract is an agreement that brings together two or more parties to create legal effects, whereby each party expresses its intention to contract through an offer and acceptance according to the contract theory adopted within the provisions of civil law, the impact of its application extending to contractual transactions concluded in accordance with the provisions of Law No. 18-05 concerning electronic commerce, but taking into account the manner in which the contracting (remotely) is done, and the use of electronic communication technology, which gives the expression of intention some particularity. This is what we address in this study through explanation and analysis to highlight that specificity.