ELECTRONIC COMMERCE CONTRACTS UNDER JORDANIAN LAW: A LEGAL PERSPECTIVE

Abstract

This study explores the legal framework governing electronic commerce contracts within the context of Jordanian Law. It examines the concept, legal nature, and distinctive characteristics of electronic contracts which are essential for determining the legal validity of commercial transactions and contracts in the realm of e-commerce. This study also addresses the disparity between the consumer and the contractor in the performance of electronic contracts, focusing on how the contractors can protect and ensure that both parties uphold their contractual obligations. It further examines potential remedies for this legislative deficiency. There are legal deficiencies in certain aspects of regulating and ensuring the execution of contracts related to electronic commerce. This imbalance must be addressed through the statement of rules of evidence in accordance with the nature of electronic business contracts. The study was carried out in legal terms on the basis of Jordanian laws on this subject, in particular the Jordanian Electronic Transactions Law. The research problem centers on the legal provisions governing electronic contracts under Jordanian legislation and mechanisms for proving the existence of such contracts. This study adopts a descriptive and analytical approach, culminating in several key findings. Among the most significant is the recognition that electronic contracts can be formed without the physical presence of the parties, relying on telecommunication techniques, electronic writing, and digital signatures. This concludes with several recommendations, most notably the necessity for stronger legal protections in online contracting to safeguard against fraud by fictitious companies. Additionally, it highlights the need for a dedicated legal system to address disputes that arise from electronic contracts.