Legal provisions for consent in electronic contracts in the light of the Libyan legislation

Abstract

Communication technologies caused an important change in the process of exchange of goods and services between people through the adoption of electronic contracts, because they are concluded in a virtual environment, and which are characterized by speed in terms the interaction between both contraction positive and viable. Therefore the new electronic laws have brought a special regulation to consent both contractors in electronic contract , whether this concerns the determination of offer and acceptance as well as the setting of their conditions ,or deciding the time and place of both agreed sides .               

The study is designed to show legal provisions related to consent in electronic contract in the Libyan law. The importance of the study is reflected in the analysis of the aspects of Libya's legal regulation of the issue of the existence of consensus and its conditions of health, and the extent to which they need adjustments that are commensurate with developments in the field electronic transaction. In addition, to achieve its objectives, the study used the descriptive and analytical approach where the texts of the relevant Libyan legislation were presented and analyzed, most notably: the Libyan civil code, the electronic transactions. The comparative approach has also been followed between the provisions of the various legislation regulating electronic transactions, to gain a deeper understanding of Libya' legal texts on consensus in electronic contracts specifically, thus showing how strong it is and how vulnerable it is. Study has included two main subjects where the first one has devoted to indicate how convergence the wills of both parties to the   contract. The second topic indicated to determine the time and place of conclusion.                                                                                                             

The study reached several findings, the most notable was that there are inadequate texts in Libyan's regulatory legislation for consensus in electronic contract, and had proposed a number of legal amendments in the electronic transactions law to include detailed rules for electronic positivity and acceptance, and eligibility and flaws of will.