Challenges of Electronic Contracts

In general, an electronic contract is subject to the general provisions and rules of the law of contracts and obligations in terms of the basic conditions of the contract and the regulation of its effects, but in terms of its technical characteristics and methods of conclusion and the way of protecting its legal effects, it requires its recognition and strict compliance with the general principles and rules governing contracts. In fact, electronic contracts do not have a different nature from conventional contracts in terms of the conditions of the authenticity of the case or subject, but considered a new description of the environment for the formation of contracts for which the legislator has not foreseen specific regulations for its regulation. The term electronic contract was first used in the European Union Electronic Commerce Regulation. In the scope of this regulation, in the section on commercial transactions, the same legal status of electronic contracts as other contracts based on traditional paper and instruments is referred to, and a specific definition of electronic contracts is not specified.