A creditor must notify the debtor to demonstrate the latter's fault in failing to meet its obligation. So, this notice is a manifestation of the creditor's will by means of the methods prescribed by law to produce specified legal effects through communication to the debtor. Technological evolution brought electronic notifications, which proved to be much more efficient and quick in delivery. Of course, the fault principle underlies these notices; as such, they are generally directed at the debtor, presumed to be responsible for both the conduct and the consequences of his delay. Indeed, others are of the opinion that notices derive from the principle of tacit indulgence of the creditor since its abstention with regard to the behavior of the debtor leads one to believe that the delay has not caused injury. Waiver of notice is allowed under a valid agreement provided such agreement does not run counter to public order. The study concludes with various findings and recommendations that places more importance on integrating electronic notices into the legal framework, a step that when harmonized with the evolution accompanying the digital transformation of the judicial sector can make the notification process more open and available. Through the adoption of e-communication measures, the legislator shall ensure prompt notification to debtors of their duties on one hand and at the same time ensure a swifter and more efficient legal process.

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Legal Basis of Electronic Notices in Civil Law

  • Ahmad Awwad Albnian

摘要

A creditor must notify the debtor to demonstrate the latter's fault in failing to meet its obligation. So, this notice is a manifestation of the creditor's will by means of the methods prescribed by law to produce specified legal effects through communication to the debtor. Technological evolution brought electronic notifications, which proved to be much more efficient and quick in delivery. Of course, the fault principle underlies these notices; as such, they are generally directed at the debtor, presumed to be responsible for both the conduct and the consequences of his delay. Indeed, others are of the opinion that notices derive from the principle of tacit indulgence of the creditor since its abstention with regard to the behavior of the debtor leads one to believe that the delay has not caused injury. Waiver of notice is allowed under a valid agreement provided such agreement does not run counter to public order. The study concludes with various findings and recommendations that places more importance on integrating electronic notices into the legal framework, a step that when harmonized with the evolution accompanying the digital transformation of the judicial sector can make the notification process more open and available. Through the adoption of e-communication measures, the legislator shall ensure prompt notification to debtors of their duties on one hand and at the same time ensure a swifter and more efficient legal process.