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Satisfaction in electronic trade deals

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2019
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Abstract (EN)

The Internet is one of the most important innovations of the human mind in the field of informatics since the end last century, it removed the geographical boundaries between countries and helped transform the world into a small village. The Internet, like other inventions, and the means of communication did not come at once, but evolved from the military objective during the Cold War, until it reached use for civilian purposes, and then became used in trade, and the deal of electronic contracts. An electronic contract can be defined as an agreement in which positive acceptance of an open international telecommunications network converges by audiovisual means that create an interaction between the positive and the midwife. These means are not limited to the Internet and its various services, but include other electronic means of communication such as fax, telex, fax mail and telephone. The means by which the electronic contract takes place are among the most important characteristics that distinguish it from the oldish contract. Considering that this contract belongs to a group of telecommunical contracts held by electronic means without physical presence of the parties, their verification and fulfillment are done in special ways different from the oldish contract. And e-commerce was not previously known in Islamic jurisprudence, as it is a modern term began circulating in the late twentieth century, and economists defined by several definitions, and we chose in this definition as the definition of the chosen: "swap money for goods on the face of modern electronic means." The legitimacy of the electronic commercial contract and adaptation in Islamic jurisprudence show that the conditions considered in consensual commercial contracts and the rules of evidence in them and the possibility of commitment to deliver, which achieves freedom of contract and facilitation and assistance in this important area, and Islamic law has promised the possibility of writing a means of satisfaction in the contract. Making satisfaction in the contracts in general and the commercial contract in particular one of the most important characteristics of dealing between people, and contemporary jurisprudential research has authorized the legitimacy of the conclusion of the contract through the use of modern techniques, extrapolated from the Quran and the Sunnah, in the interest achieved. And to facilitate the dealers in the areas of trade in addition to taking the principle of positive and acceptance in contracts. The electronic contract is held by mutual consent and the existence of mutual consent depends on the convergence of the expression of two identical wills by a positive contract and acceptance of this affirmation by one of the methods of expression. Especially to express the will via the Internet in the electronic contract is the expression through e-mail and via the Web (Web) as well as through live chat with the viewer, and can use electronic data messages to express the will through these images in addition To some other way organized by general rules. E-positively differs in essence from the traditional positive only in the means used to express it, and the importance of distinguishing between the positive and the call to negotiate in determining whether it is possible to reverse the positive, since the association of the positive acceptance leads to the contract and the positive can not In the case of a call for negotiation, the advertiser has the right to revoke his advertisement even if it is accompanied by an acceptance, and there are conditions for the electronic affirmation, including that it must be clarified and directed to a specific person or persons and must be clear and specific enough. The general rules apply to e-affirmation as well as to e-acceptance in its regulation. There are special methods of e-acceptance that are consistent with the nature of online contracts. Including the technique of remote download and pressure on the icon for acceptance by filling the space provided in one of the expressions that express acceptance. Acceptance may be expressed explicitly or implicitly, and silence is considered admissible only in exceptional cases and this imposition is difficult to apply to contracts concluded over the Internet. The real council is the council in which the two contractors meet in one place and are in direct contact so that they hear each other directly without concern. The council in which a contractor is not present, and this is often the electronic contract board. Electronic payment means the payment of the sale price, service or information electronically through an open international network, the Internet. Thus, electronic payment is in accordance with the privacy of e-commerce and the requirements of theft therein: Bank cards (plastic card): Plastic and magnetic cards issued by banks to their customers to deal with them instead of carrying money. Electronic transfer: This method is the work of transferring a certain amount of the debtor account to the account of the creditor, and is responsible for the process, which is based on the management of the payment process, it may be a bank or a private body established for this purpose. Electronic banking Application: are traded through several forms, the most important of which are: telephone banking, electronic clearing services, banking and Internet banking. new electronic Application: It is images to meet and deal via the Internet, the most important system is the first virtual clutch, which is known as the clutch, and electronic Cheques, which is known as: Net checks. Key words: Islamic Law, Law, Provision, Opinions. Quantity: 141. Thesis Supervisor: Associate Professor. Mehmet Selim ASLAN

Author

Idrees Ahmed Sulaıman Sulaıman

How to Cite

Idrees Ahmed Sulaıman Sulaıman (Master Thesis). Satisfaction in electronic trade deals, 2019, Van Yüzüncü Yıl Üniversity.

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