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.