Formalismin the electronic salescontract: validation-basedor contractualization-based

Abstract

The Algerian legislatordecreed the principle of functionalparitybetweenprint documents and electronic documents whichallowed the conclusion of online electronic sales contract. The researchendeavors to reveal the extent of the Algerian project'sreliability on electronicdealingsthroughscrutinizing the formalismof the electronic sale contract and its stance vis-à-visthecustomary and official contracts,the significance of the latter in relation to the impact of the evidentiaryprinciples on the digital evidence as much as itaims to determine the limits of the aforementionedequality. The studyundertakes the analytical and descriptive approachestoscrutinizelegaltexts at the national and comparative legislationlevel. The descriptive and commentary aspects of the studyintend to reach a conclusion that the electronic sales contract'sformalismis indirect insomuch as an electronicintermediaryintervenes to grant a certificate of ratification thatdiffersfrom the certificateissued by a notarywhosepurposeis to document the contracting parties' will and protect the contract data frompiracy and distortion