The principle of contractual freedom stands as one of the most significant tenets that both individuals and entities ought to uphold in their interactions. This study will primarily focus on this principle within the realm of electronic contracts. For nearly two centuries, the old French Civil Code, commonly referred to as the Napoleonic Code, did not explicitly address this freedom. Our research delves into the essential amendments made to the French Civil Code concerning the principle of contractual freedom in electronic contracts, particularly as it pertains to Article 1102 of the new French Civil Code, which was established by Decree No. 131/2016. Additionally, the study evaluates the application of these amendments to electronic contracts and draws comparisons with their presence and implementation in Jordanian Civil Law. Furthermore, an exploration of how the principle of contractual freedom is both expressed and constrained within the frameworks of French and Jordanian legislation, especially regarding electronic contracts, is undertaken. The researchers conclude that there is a pressing need for the Jordanian legislator to amend the provisions related to contractual freedom, particularly in the context of electronic contracts, in comparison to French law. It is noteworthy that while the Jordanian legislator has indirectly embraced this principle, further modifications remain essential.

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Contractual Freedom in Electronic Contracts: Comparative Perspectives on Principles and Restrictions

  • Ahmad Awwad Albnian,
  • Sultan Arif Abdullah Al-Shoubaki,
  • Khaled Bakhit Al-Dajjah

摘要

The principle of contractual freedom stands as one of the most significant tenets that both individuals and entities ought to uphold in their interactions. This study will primarily focus on this principle within the realm of electronic contracts. For nearly two centuries, the old French Civil Code, commonly referred to as the Napoleonic Code, did not explicitly address this freedom. Our research delves into the essential amendments made to the French Civil Code concerning the principle of contractual freedom in electronic contracts, particularly as it pertains to Article 1102 of the new French Civil Code, which was established by Decree No. 131/2016. Additionally, the study evaluates the application of these amendments to electronic contracts and draws comparisons with their presence and implementation in Jordanian Civil Law. Furthermore, an exploration of how the principle of contractual freedom is both expressed and constrained within the frameworks of French and Jordanian legislation, especially regarding electronic contracts, is undertaken. The researchers conclude that there is a pressing need for the Jordanian legislator to amend the provisions related to contractual freedom, particularly in the context of electronic contracts, in comparison to French law. It is noteworthy that while the Jordanian legislator has indirectly embraced this principle, further modifications remain essential.