Article Review 1
Name: Nazir Ahmad Safa
Date: 10/01/2024
The Electronic Contract in Civil and Commercial Codes
by Ahmad Mahmoud Al Masadeh
The article “The Electronic Contract in Civil and Commercial Codes” by Ahmad Mahmoud Al Masadeh provides a comprehensive analysis of the integration and implications of electronic contracts within legal frameworks. By examining the nature, formation, and application of electronic contracts, the study highlights the transformative impact of technology on legal practices and societal norms. It underscores the importance of legal adaptations to accommodate technological advancements, ensuring that electronic contracts are secure, accessible, and legally binding.
- Relation to Social Sciences: This article explores the integration of electronic contracts within civil and commercial codes, emphasizing their impact on legal and social frameworks. It examines how technological advancements influence legal practices and societal norms, highlighting the intersection of law, technology, and society.
- Research Questions/Hypotheses: The study investigates the fundamental nature and distinguishing characteristics of electronic contracts compared to traditional contracts. It aims to delineate the methodologies involved in their formation and their applications within civil and commercial contexts, particularly under the Jordanian Electronic Transactions Law (Law No. 15 of 2015).
- Research Methods: The authors conducted a comprehensive legal analysis, reviewing existing legislation, case law, and scholarly articles. This method allowed them to identify key legal principles and practical implications of electronic contracts.
- Data and Analysis: The study involved qualitative analysis of legal texts and case studies. The authors examined how electronic contracts are created, signed, managed, and stored online, focusing on the use of electronic signatures and encryption based on certificates.
- PowerPoint Concepts: Key concepts from the study include the legal validity of electronic signatures, the role of encryption in ensuring contract security, and the comparison between electronic and traditional contract formation processes. These concepts align with discussions on the impact of technology on legal practices and the importance of cybersecurity in protecting digital transactions.
- Marginalized Groups: The article discusses how electronic contracts can enhance access to legal services for marginalized groups by reducing barriers related to time and space. However, it also highlights potential challenges, such as digital literacy and access to technology, which may disproportionately affect these groups.
- Contributions to Society: The study contributes to society by providing a clearer understanding of how electronic contracts can be effectively integrated into legal systems. It offers practical recommendations for policymakers and legal practitioners to ensure that electronic contracts are secure, accessible, and legally binding. This can enhance the efficiency and inclusivity of legal processes, benefiting a wide range of stakeholders.
Conclusion:
The research offers valuable insights into the legal validity of electronic signatures and the role of encryption, contributing to a clearer understanding of how electronic contracts can enhance efficiency and inclusivity in legal processes. Additionally, the article addresses the potential benefits and challenges for marginalized groups, emphasizing the need for equitable access to technology and digital literacy.
Overall, the study’s contributions are significant for policymakers, legal practitioners, and society at large, providing practical recommendations to navigate the evolving landscape of electronic transactions. This work not only advances the field of electronic contracts but also promotes a more inclusive and efficient legal system.
https://cybercrimejournal.com/menuscript/index.php/cybercrimejournal/article/view/267/95