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روح القوانين
كلية الحقوق - جامعة طنطا
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Despite the importance of electronic contracting as it is an important tool for completing transactions in an easy and low-cost manner compared to the traditional contracting method, as it is the means that meets the needs of consumers, whether in the field of goods or services, given the speed it achieves in communication between dealers.
However, this contract may raise the responsibility of one of the parties, when there is in his right the corner component of civil liability, whether it is a default error resulting from his breach of goodwill in the stage prior to the contract, or it was a contractual error arising from his breach of good faith and his breach of contractual obligations. Therefore, this research is subject to error in the electronic contracting at all stages of the contract, and even in the pre-contracting stage by highlighting the legal controls that must be observed when coming to concluding an electronic contract to find out the problems of this transaction, and the legal problems involved such as the difficulty of knowing the legal capacity For electronic contractors, and the failure to easily attribute the error to its owner, in addition to non-implementation of the contract and other negatives that surround the electronic contract .
Therefore, the research plan was divided into two chapters: the first deals with error in the stage prior to contracting, and the second is subject to error in the stages of concluding and implementing the electronic contract.
The study ended with findings and recommendations, the most important of which are the following:
- The error in the pre-contracting stage may occur in the advertisement stage, by using false or misleading advertisements, and it may happen in the negotiation stage that there is no real intention to contract, a violation of the obligation to the media, and failure to maintain the confidentiality of data and information.
- That the error occurs in the stage of concluding the contract by setting arbitrary terms in the contract, and by using circumventive methods that defect the contractor’s will, and the error occurs in the stage of contract implementation in case of breaching the obligations resulting from concluding the contract.
- The Egyptian legislator recommended amending Articles 65 and 68 of the Consumer Protection Law No. 118 of 2018 by adding the penalty of imprisonment in addition to the fine.
- The legislator should include in the Consumer Protection Law forms for each category of electronic transactions, to ensure that the contract is clearly adapted to the fact that the contractors intend and the nature of the transaction to ensure proper implementation of the contract, and to prevent any conflict in the future.
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