الرضا في العقد الالكتروني

Abstract

The use of electronic practical contrat and its large diffusion all along the word has pushed many countries to determin and desing the rules legiferance in that particular domain . At that title , the law in type UNCITRAL on electronic commerce adopted by the united states in 1996 has been example of impiration forthe majority of arabic legislations . It seems to us that the judiciary general rules existing in the different civilian codes are insuffitiant for directing that type of contract . Its seems to us also that the intervention of the algerain legislator is inivitable for studying in that subject , in the inixistance of all disposition in the algerian civil code , exeptionally the artical number 323 repeated . In fact , the electronic contrats are more and more used on the national field and the legislators may give them more importance thanks to the experiences of other countries , partcularly the constitutive element wishe is satisfaction wich includes the princple of contractual liberty and the will of being obliged . Finally , the use of electronic contrat engenders many difficulties and confusions , expecially when speaking of the contractor’s identity and the determination of juditrary characters in the electronic environement and that is not in the state of assuring the consomator concidered as the weak part of the contrat .