الملخص الإنجليزي
The research addresses the consumer's right to withdraw from electronic contracts, a
right that serves as a protective measure for consumers entering into electronic contracts. In
such contracts, the consumer is not in direct contact with the contracted product or service
but rather views it through images or video clips, which may sometimes mislead them into
contracting for something they do not actually desire. This is due to the temptations and
aesthetic enhancements displayed in these media, which may exceed the reality of the
product.
To provide more effective consumer protection in line with technological
advancements and modern communication methods, some legislations have granted
consumers the right to withdraw from electronic contracts within a specific period of time.
This period varies from one law to another, without requiring the consumer to provide any
justification for the withdrawal or bear any costs. This right is also not subject to prior
agreement between the contracting parties.
The study aims to explore the consumer's right to withdraw from electronic contracts,
the extent to which Omani law recognizes this right, and how it compares to Egyptian, Saudi,
and Qatari laws. It also seeks to identify the conditions and regulations necessary for
exercising this right.
The researcher adopted a descriptive method to extract the rules governing this right,
along with an analytical method to interpret legal texts and understand their application.
Additionally, the comparative method was used to compare the consumer's right to withdraw
across the mentioned legal systems.
The study concluded that Omani law does not explicitly grant consumers the right to
withdraw from electronic contracts. However, it provides a special safeguard allowing the
consumer to correct a mistake as long as the product or service has not been delivered or
shipped. In contrast, Egyptian, Saudi, and Qatari laws explicitly recognize the consumer's
right to withdraw. The study recommends that Omani legislators introduce a clear provision
granting the right to withdraw, as the current protections are insufficient for consumers
entering into electronic contracts.
The research is divided into two chapters:
The first chapter addresses the nature and legal framework of the consumer's right to
withdraw from electronic contracts.
The second chapter discusses the types of electronic contracts subject to the right of
withdrawal, the conditions for exercising this right, and its legal effects.
Opening Words:
Electronic contract - Right to withdraw - Electronic consumer – Supplier