المسؤولية المدنية المترتبة عن المعاملات الالكترونية -دراسة مقارنة-

Abstract

This memorandum addresses the issue of civil liability arising from electronic transactions, a modern legal topic imposed by the massive expansion in the use of digital and technological means in contracts and commercial deals, both domestically and internationally. The study aims to analyze the legal framework governing the relationship between the parties involved in electronic transactions and to determine the extent of each party’s liability in cases of breach of contractual obligations or harm caused to third parties. It also includes a comparison between Algerian legislation and foreign laws, such as French, Egyptian, and European legislation. The study is divided into two chapters. The first chapter is devoted to defining electronic transactions, highlighting their legal characteristics, and presenting their types, the parties involved, and their key obligations. The second chapter explores the concept of civil liability in electronic transactions, including its types—contractual and tort liability—as well as the applicable law in case of disputes. It also analyzes the differences between the compared legislations in terms of the scope of legal protection and the conditions for establishing electronic civil liability."