The Jordanian legislator's position on signing contracts remotely.
DOI:
https://doi.org/10.35682/jjlps.v15i2.472Keywords:
electronic contract, place of the conclusion of the contract remotely, will, electronic transactionsAbstract
This research aims to clarify the position of the Jordanian legislator on the issue of the conclusion of the contract remotely, whether in the general provisions contained in the Civil Code or the provisions contained in the Electronic Transactions Law which imposed practical problems, especially the case of the contract being concluded partly through electronic means and the other part by traditional means.
The research concludes that the Jordanian legislator did not address the issue of determining the place of the contract concluded partially by electronic means in the current Electronic Transactions Law, contrary to their position on the now-canceled Electronic Transactions Law, which considered it an electronic contract in an explicit text. To address this shortcoming, the researchers recommend explicitly stipulating that such action is regarded as an electronic contract subject to the provisions of the Electronic Transactions Law by adding the phrase "entirely or partially" to the text of Article (3/a) of the current Electronic Transactions Law.