آثار تنازع القوانين على المعاملات الإلكترونية الدولية

Abstract

The research aims to examine the validity of national conflict rules applicable to electronic transactions, and the need for substantive International rules applicable on these electronic transactions in addition to the need employing technical tools in dispute resolutions arising from them. The core issue of the research addresses, is whether the electronic transactions need national rules of conflict resolution, or it needs a consolidated international substantive law in order governing the international Electronic Transactions? The research uses several methods, including inductive method to extrapolate national, regional and international legislative laws and legal orientations regulating the Electronic Transactions as well as, analytical approach to analyze the Legal and Juristic "Fiqhyyah" texts, and understanding their implications in conflicting laws applied in International Electronic Transactions. In addition, it employs comparative approach to compare between legislative and juristic texts used in the electronic transactions and highlight the similarities and differences between them to identify the appropriate rules addressing the legal problems resulted from the international electronic transactions. The research also elaborates these legislations and juristic opinions critically, and clarify the point of view to avoid the defects upon application. This is in addition to the deductive methodology to reach detailed rules from some theories and general legal principles which can be conducted on conflict of laws in the International Electronic Transactions. The research concluded with some findings, such as the need of the international electronic transactions to both methods conflict of laws and substantive rules. As much the electronic advertisings are considered a risky matter on the societies, and it needs legislative attention to minimize its risk, and there is a rationing necessity of using technical tools in dispute resolutions arising from the Electronic Transactions. The researcher recommended that there is a need to amend the arbitration legislations in order to recognize the provisions of electronic arbitration and development of relevant controls, with considering it as an effective mean in dispute resolutions arising from the Electronic Transactions, as well as The researchers recommended continuing researching in the legal issues related to the Electronic Transactions, especially in the field of artificial intelligence as the next stage for the Electronic Transactions.