Legal Aspects of The Execution and Proof of The Electronic Contract
Dhari Tamran Tallaq Al Shammari
Kuwaiti Researcher
Abstract:
This research deals with the concept of e-contract by showing its nature and forms, and highlighting the nature of electronic contracting. It is also presents its implementation, evidentiary value and the extent of the commitment to fulfill it electronically through all the methods of proof of such contracts, including writing it electronically and presenting the extent of its authority as evidence, indicating the importance of the electronic signature in the electronic contract and its completion.
The study concluded that the electronic contract regulation should be expanded in rules that are specific for the commercial transactions laws to include electronic approval, as well as the need to develop special provisions protecting the consumer in this type of contracts, in view of the continued legislative vacuum in many countries.
The research also recommended empowering court judges to be able to deal with and resolve cases arising from electronic contracts, including qualifying them and offering them special courses to familiarize them with the characteristics of information technology.