Dissolution Of The Nodal Association In Algerian Civil Law
Keywords:
electronic contracting, principle of binding force of the contract,, dissolution of the nodal bond,, weak party, Algerian civil lawAbstract
Electronic contracting, as one of the modern forms of agreements, raises numerous challenges concerning the authentication and verification of the websites facilitating the contracts. These challenges include identifying the contracting parties and assessing their legal capacity to enter into agreements. Additionally, issues arise regarding the determination of the contract's place and time, largely due to the unique nature of electronic contracting platforms, which differ significantly from traditional, long-established forums. Furthermore, the inability to physically inspect the goods or services being exchanged often exacerbates these challenges. This study emphasizes the significance of addressing the dissolution of the contractual bond, a concept that represents a justified exception to the principle of the binding force of contracts. Departing from such a foundational legal principle necessitates the establishment of robust regulations to ensure transaction stability while safeguarding the interests of the weaker party in the contractual relationship. Notably, consumer protection laws across various legal systems align in their recognition and regulation of this right, ensuring a balanced and equitable framework


