Applicability of Mutual Consent Rules to Electronic Contracts Under Adhesion and Judicial Scrutiny in Libyan Law

Abstract

Summary

There is no doubt that the contract in general occupies the forefront among all sources of commitment, which put the Libyan legislator to address the contract and clarify its provisions in some detail.

The general theory of the contract contains provisions that apply to all contracts, whether those contracts that the legislator has dealt with in detail under the title of the contracts named, or those that have not been addressed and that the response to the will of individuals to create and organize are not restricted from only those general restrictions that are drawn from the ideas of public order and morals.

Through this research, we try to shed light on the extent to which electronic contracts are considered contracts of compliance and have had a clear impact on human life in which the technologies and the international communications network (the Internet) are used through which any natural or legal person can place a permanent site for him , And the merchant can offer products and make a positive offer, and that positive response can be acceptable to anyone who might access the site. This method may be in the form of acquiescence, and it is the most prevalent in various daily commercial areas and the increase in the volume of transactions and industrial and economic development, through the greater role of the major institutions and companies and its competence to conclude these contracts that affect the goods and services necessary for modern life that cannot be dispensed, such as participation in services Public, labor contracts, and banking contracts, as these contracts the consumer finds himself compelled to contract them, whatever the conditions set forth in them, because there is no competition for these goods and services often, that is, acceptance is limited to mere delivery and is not accepted for discussion, in this capacity causing a lot of harm to the consumer, and that As a result of the arbitrary conditions it may entail.

As a result of the retreat of the principle of willpower and spread in modern Western jurisprudence, especially in the French civil law, and on the basis of it took most Arab and Islamic countries and stipulated a statement of its provisions in their civil legislation, and given the importance of such contracts and their spread in society and their entry into life and their place in modern legislation, including the Libyan civil law This study comes.