The Impact of Techno-Legal Changes on the Formation of Contract: A Study on the Law of Qatar and Model Electronic Contracts
Dr. Abdullah Abdul Karim Abdullah
Assistant professor of Civil Law – College of Law – University of Qatar
This research aims at addressing the effect of technological development in the expression of will in electronic transactions, when the acceptance is done electronically as well as studying the impact of technological development in the multiplicity of defects of consent that are affected by this development. Also discussed, Audiovisual and the idea of contracting between the attendees and the Council of the electronic contract in the event of contracting via e-mail and the concept of contracting between absentees. In addition, we will address to the latest developments in technological advances and its impact on the defects of consent and the ideas of electronic error, fraud, coercion and exploitation of the will in electronic contracting, and other related problems.
This study adopts an analytical approach based on the analysis of national legal frameworks as well as best practices in the development of legal systems governing the issue under consideration. In our study, we also follow a comparative approach, comparing between the relevant domestic legislation in the State of Qatar and some of the best practices in this framework of electronic transactions, especially those that are conducted through the global websites, to find the desired development in the legal texts and in line with the results of technical developments in the field of Electronic contracting
At the end of the research, a set of conclusions and recommendations were addressed to the Qatari legislator, including the proposal to amend the texts of Qatari Law to include detailed rules for electronic affirmation and electronic acceptance, and the conditions of their legalization to include all the main elements of the electronic contract. It was also recommended to amend the provisions of Qatari Law to include determinants of the defects of consent to electronic contracting such as electronic error, electronic fraud, electronic coercion, and electronic exploitation as innovative forms of the defects of consent. Finally this study expressed the importance of amending the Qatar Consumer Protection Law to take account of the technological-legal developments that have taken place in electronic consumer contracts, for the purpose of granting the consumer additional guarantees and protections .
Keywords: Electronic contracting, Qatari Civil law, Electronic transactions, Electronic error, expression of will electronically.