الملخص الإنجليزي
The dissertation tackles various aspects to affirm the electronic contract and manifest its preciseness and the scientific and practical urging need for it since the world witnesses great electronic informational revolution which is reflected on the legal field.
As a result, several legal challenges appeared. Most of which concentrate on the effect of the usage of the electronic means in executing the civil and cominercial activities and the methods to contract t traditional civil and commercial transactions are based upon positive exterior, material and tangible activity. Yet, in the frame work of the electronic transactions, all this activity disappeared. Thus, we are facing new various legal challenges, the most important of which are the degree of trust that the user pays for the electronic contract and its validity and anti fraud and deception.
Hence, this study talks about the confirmation of the electronic contract and comparing it with the traditional one and the degree of comprehending the general traditional bases for the electronic contract and its evidence in confirmation. Besides, it talks about the evidence of the electronic contract in confirmation from the view point of the special bases via devoting the basis of recognizing the electronic contract in the comparative law " The Principle of Equality between the Electronic contract and the Traditional contract in the Omani Legislation. "In addition, the discussion is supported with various texts from the laws and rules of the judiciary and the opinions of law specialists, as well the opinion of the researcher. Finally, the dissertation ends up with a conclusion that comprises several outcomes and recommendations aimed to consolidate and manifest the importance of the electronic means in carrying out the civil and commercial activities and the methods to affirm them in the presence and future.
This dissertation depends on two approaches: the analytic approach and the comparative approach in accordance with the plan of this study.