Modern concepts of contractual freedom

Abstract

 contract is considered one of the fundamental rights enshrined in many legal systems around the world, and this freedom represents the basic foundation of transactions. With the rapid technological advancement, electronic contracts have become the modern manifestation of transactions, leading to changes in the concept and conditions of contract formation, differing at various stages of contracting (negotiation stage, formation stage, and execution stage). This necessitates understanding the impact of these modern technological developments on freedom of contract and the means of protecting contractors in light of these rapidly changing circumstances, especially with the interplay of legal security and societal security requirements and their effect on the principle of contractual freedom. I addressed the topic in two sections: The impact of modern communication media on contractual freedom, and the impact of societal and legal security measures on contractual freedom. We divided the two sections into topics and sub-topics, which are explained in the research. We reached several important conclusions, most notably: scientific progress in the electronic field, the change in the concept of classical commerce, and the emergence of modern forms and methods of contracting, which transformed e-commerce into an information system linking parties. All of this has impacted many aspects of transactions between individuals, including a significant impact on the legal status and contractual freedom of the parties. I also made several recommendations, most notably amending the legislation in the United Arab Emirates that regulates electronic contracts in a manner that serves the freedom of contract between parties at all stages of the contract, and enhancing electronic security to ensure the security of electronic contracts, including the use of advanced encryption technologies and protection against hacking and forgery, among others.