نحو التوافق على زمان انعقاد العقد بين غائبين في التشريع الأردني دراسة في القانون المدني وقانون المعاملات الإلكترونية

Abstract

Towards consensus on the time of concluding the contract between absentees in the Jordanian legislation

A Study in the Jordanian Civil Code and the Jordanian Electronic Transactions Law

This study aims to determine the moment of concluding the contract between absentees in the Jordanian legislation, as the provisions of the Jordanian Electronic Transactions Law are in contradiction with those of the Jordanian Civil Code; which has created several contradictions in the practical application.

The study has reached to several results, the most important of which is: the Jordanian legislator has adopted the criterion of entering the information message into the electronic information system to determine the moment of concluding the contract between absentees in the Electronic Transactions Law, unlike his position in the Jordanian Civil Code; where the legislator has adopted the moment of declaring the acceptance as the moment of concluding the contract.

The study has recommended several recommendations aiming to avoid the contradiction between the provisions of the Jordanian Civil Code and the provisions of the Jordanian Electronic Transactions Law in regulating the issue of determining the moment of concluding the contract between the absentees.