الأساس القانوني لعدول المستهلك عن العقود المبرمة إلكترونياً عن بعد

Abstract

The distance contract which is concluded electronically is used widely throughout the world. The development of modern means of communications involving the Internet and email has contributed to the widespread use of this type of contract. Among the reasons behind the emergence of the wide use of the distance contract is the issue surrounding withdrawal from a legal contract. Looking at the various views and laws that regulate the distance contract, this paper explores what developments have emerged. One important idea that has emerged is the notion that the parties to the contract must bear the risk of loss and as well as its resulting impact when withdrawing from such contracts. We also refute the majority of the opinions in this area and have adopted a different position independent of those opinions. In this research we deal with the concept of withdrawal in the distance contract, referring to the various legal opinions in the jurisprudence to date to determine the legal basis of withdrawal. We touch on the propensity to deteriorate after withdrawal, and assess the views given to the legal basis of withdrawal while indicating the role and impact of the liability of deterioration to determine an appropriate and specific legal basis for withdrawal. We clearly .state our opinions regarding these issues.