العقد الإلكتروني في القانون الجزائري

Abstract

This memorandum examines the electronic contract in Algerian law, examining the legal framework regulating it under the provisions of Law No. 18- 05 on electronic commerce and the general rules contained in the Civil Code. The first chapter is devoted to explaining the concept of an electronic contract, its characteristics, and the stages of its formation, with a focus on how to express will and the convergence of offer and acceptance via digital media, such as clicking on icons and electronic interfaces, in addition to addressing the legal issues associated with determining the time and place of concluding a contract in the virtual environment. The study also addressed the legal implications of an electronic contract, outlining the mutual obligations between its parties, particularly the electronic supplier's obligations of notification, delivery, and conformity assurance, in exchange for the consumer's obligation to pay the price. It also highlighted the right of recourse as an exceptional legal mechanism aimed at enhancing consumer protection in electronic transactions. The memorandum also touched on proof mechanisms in the digital environment, by highlighting the Algerian legislator's recognition of the legal validity of electronic writing, electronic signatures, and electronic certification certificates, as moderneans that guarantee the security of electronic transactions and enhance trust and contractual balance between the parties.