The legal nature of agreement in electronic commerce contracts

Abstract

This study aims to reveal the appropriateness of the traditional provisions of the requirements of e-commerce, and compare the provisions of law 18-05 on e-commerce and civil law, and the effectiveness of the Algerian legislator developments in the financial contracting environment, making the electronic contract that is made remotely and differs in terms of performed. The Algerian legislator did not provide in the e-commerce law the term electronic agreement, which raised the problem of adapting it, as there are many legal terms similar to it, including the commercial declaration, which has provoked a doctrinal controversy between those who see it agreement and valid to be accompanied by acceptance of the contract, and those who consider it to be a mere invitation to contract, and the concept of law 18-05, the declaration of the commodity if specific and clear, and that includes all the basic elements of the contract is agreement.