The Electronic Offer in Algerian Legislation : An Analytical Study of the Concept and Legal Provisions

Abstract

This study aims to identify the particular features of the electronic offer as an electronic means of expressing will, in order to understand the electronic offer, distinguish it from the traditional offer, and determine the extent of its compatibility with the general theory of contract. The study problem revolves around the extent to which the electronic offer can be characterized under the provisions of the general theory of contract, and whether there is a need for legislative intervention to keep pace with its particularities, especially in light of rapid technological developments. The study relies on both descriptive and analytical methodologies, following a two-part structure. The first part addresses the concept of the electronic offer, while the second part is devoted to studying its various related provisions The study concludes that the electronic offer is characterized by a set of features inherent to the digital environment, whether in terms of the means of expression, speed of transmission, or the multiplicity of technical media used. These characteristics require reconsideration of certain traditional legal rules. However, the electronic offer still falls within the general framework of contract theory, as it merely represents a development in the means of expressing will. This calls for legislative intervention to regulate electronic contracting in general and to define the electronic offer in particular, while taking its unique features into account. Moreover, harmonizing legal concepts and terminology related to the electronic offer at both the legislative and judicial levels would contribute to achieving the necessary balance between technological progress and the legal safeguards of contracts.