The company contract, from ordinary writing to electronic writing (A study in comparative Algerian law)

Abstract

The company contract, considered as one of the formal contracts that the legislator has stipulated for its validity the intervention of the notary. Like other contracts, they are affected by technological changes, in which transactions have become electronic, concluded at a distance and write them electronically, in compliance with the legal conditions so that it is equal to writing on paper. However, the intervention of the notary as a public official for the drafting of the contract in the presence of the parties, was the cause of the absence of explicit provisions in Algerian law governing the authentic electronic contract. Unlike foreign laws that regulate this type of contract, which is distinct between normal and exceptional circumstances. And Arab law includes detailed provisions governing the authentic electronic contract, these procedures and effects. This requires the intervention of the Algerian legislator to remedy this deficiency, as long as the general trend is towards the digitization of transactions and the acceptance of the authentic electronic contract.