This study investigates the notion of silence within electronic contracts and its implications for the validation of digital agreements. To establish any contract, certain essential elements must be present, with consent serving as the fundamental component. Consent arises from the convergence and alignment of the wills of the contracting parties at a specific moment, with the intention of producing a legal effect. This principle is applicable to electronic contracts, wherein the will is conveyed through various electronic methods. The initial expression is represented by the offer, while the subsequent expression is constituted by the acceptance from the offeror. The significance of electronic acceptance lies in its role in articulating consent; the mere existence of an offer is inadequate without acceptance, and silence can be interpreted as a form of acceptance. This research seeks to elucidate the function of silence in electronic contracting, particularly its legitimacy as a means of expressing consent and its ramifications for the proof of digital contracts. It examines the stance of legislation and pertinent international agreements regarding silence and its recognition as a method of conveying consent. The central research question revolves around the validity of silence as a means of expressing consent in electronic contracts, as this issue is not addressed in many civil codes. The research findings indicate that silence may be interpreted as an indication of acceptance when it is coupled with specific conditions that clarify intent. These conditions include instances where customs do not necessitate explicit acceptance, the recipient stands to gain from the offer, or there exists a prior relationship between the parties involved in the contract. Furthermore, the study advocates for amendments to legislations to enhance its compatibility with online contracting practices, emphasizing that silence, in the absence of these conditions, ought not to be regarded as a legitimate expression of acceptance, particularly in the context of digital contracts.

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The Silence in Electronic Contracts and Its Impact on Proving Digital Contracts

  • Ahmad Awwad Albnian,
  • Hayat Munir Nasser,
  • Duaa Fakhri Al-Azzam

摘要

This study investigates the notion of silence within electronic contracts and its implications for the validation of digital agreements. To establish any contract, certain essential elements must be present, with consent serving as the fundamental component. Consent arises from the convergence and alignment of the wills of the contracting parties at a specific moment, with the intention of producing a legal effect. This principle is applicable to electronic contracts, wherein the will is conveyed through various electronic methods. The initial expression is represented by the offer, while the subsequent expression is constituted by the acceptance from the offeror. The significance of electronic acceptance lies in its role in articulating consent; the mere existence of an offer is inadequate without acceptance, and silence can be interpreted as a form of acceptance. This research seeks to elucidate the function of silence in electronic contracting, particularly its legitimacy as a means of expressing consent and its ramifications for the proof of digital contracts. It examines the stance of legislation and pertinent international agreements regarding silence and its recognition as a method of conveying consent. The central research question revolves around the validity of silence as a means of expressing consent in electronic contracts, as this issue is not addressed in many civil codes. The research findings indicate that silence may be interpreted as an indication of acceptance when it is coupled with specific conditions that clarify intent. These conditions include instances where customs do not necessitate explicit acceptance, the recipient stands to gain from the offer, or there exists a prior relationship between the parties involved in the contract. Furthermore, the study advocates for amendments to legislations to enhance its compatibility with online contracting practices, emphasizing that silence, in the absence of these conditions, ought not to be regarded as a legitimate expression of acceptance, particularly in the context of digital contracts.