التوطين الزمني والمكاني للعقد الإلكتروني وانعكاساته على الاختصاص القضائي في القانون الليبي والمقارن

Abstract

The Time and Place of Formation of Electronic Contracts and Their Effect on Determining Judicial Jurisdiction: A Comparative Analytical Study in Light of Libyan Electronic Transactions Law No. (6) of 2022

This study addresses the problem of determining the time and place of formation of the electronic contract amid the shift of the contractual environment from tangible physical space to the open digital sphere. It proceeds from the premise that the general rules of civil law, historically grounded in the "theory of knowledge of acceptance," are no longer capable, on their own, of meeting the requirements of legal certainty demanded by fast-paced electronic transactions. Using a comparative analytical method, the study traces the legislative shift enshrined in Libyan Electronic Transactions Law No. (6) of 2022 toward a "technical receipt" standard, drawing on the French and Egyptian experiences, as well as on the position of the Algerian legislator which remains closer to traditional solutions. The study also devotes attention to analyzing the procedural impact of this shift on the rules of judicial jurisdiction and conflict of laws, concluding that adopting the "place of business" criterion as an alternative to the server's location represents a genuine legislative achievement one that nonetheless requires complementary amendments to procedural law and to the drafting of the receipt presumption, in order to guarantee effective protection for the electronic consumer.