Each person possesses rights and responsibilities that embody a genuine interest and a sense of duty, enabling them to effectively meet their commitments. Such behaviors and attitudes are aimed at regulating actions around accountability, thereby enriching experiences in an age where digital contracts are increasingly common. This transition has generated a demand for legislative oversight to regulate transactions conducted in the digital realm. The significance of this subject lies in clarifying the role of legislation and its capacity to tackle the challenges and advancements introduced by the digital era, especially concerning the legal frameworks and provisions that govern contractual liability in digital agreements. This encompasses the necessity of ensuring that all parties engaged in digital contracts receive sufficient rights, guarantees, and protections, while simultaneously addressing the legal deficiencies present in the regulations related to digital contractual liability. The focus of this study is on the legal safeguards concerning contractual liability in the context of digital contracts and the degree to which existing laws offer protection for contractual accountability within the digital landscape. Additionally, the research examines the legal remedies available for breaches of digital contracts and evaluates the sufficiency of compensation in such instances. The study culminated in a series of findings and recommendations, one of which advocates for the legislator to delineate digital contractual liability concurrently with the definition of digital contracts, thereby mitigating ambiguity and fragmentation within legal texts. Additionally, it is advised that the legislator implement a transparent compensation framework for breaches of digital contracts, which would aid in differentiating between digital contractual liability and tortious liability. Furthermore, the study recommends legislative modifications aimed at explicitly addressing the characteristics and categories of damages associated with digital contractual liability, rather than permitting such determinations to be left to the discretion of the involved parties.

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The Legal Regulations of Contractual Liability in Digital Contracts Under Civil Law

  • Ahmad Awwad Albnian,
  • Mohammed Khaled Mohammed Hussein

摘要

Each person possesses rights and responsibilities that embody a genuine interest and a sense of duty, enabling them to effectively meet their commitments. Such behaviors and attitudes are aimed at regulating actions around accountability, thereby enriching experiences in an age where digital contracts are increasingly common. This transition has generated a demand for legislative oversight to regulate transactions conducted in the digital realm. The significance of this subject lies in clarifying the role of legislation and its capacity to tackle the challenges and advancements introduced by the digital era, especially concerning the legal frameworks and provisions that govern contractual liability in digital agreements. This encompasses the necessity of ensuring that all parties engaged in digital contracts receive sufficient rights, guarantees, and protections, while simultaneously addressing the legal deficiencies present in the regulations related to digital contractual liability. The focus of this study is on the legal safeguards concerning contractual liability in the context of digital contracts and the degree to which existing laws offer protection for contractual accountability within the digital landscape. Additionally, the research examines the legal remedies available for breaches of digital contracts and evaluates the sufficiency of compensation in such instances. The study culminated in a series of findings and recommendations, one of which advocates for the legislator to delineate digital contractual liability concurrently with the definition of digital contracts, thereby mitigating ambiguity and fragmentation within legal texts. Additionally, it is advised that the legislator implement a transparent compensation framework for breaches of digital contracts, which would aid in differentiating between digital contractual liability and tortious liability. Furthermore, the study recommends legislative modifications aimed at explicitly addressing the characteristics and categories of damages associated with digital contractual liability, rather than permitting such determinations to be left to the discretion of the involved parties.