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صحة المحررات عبر وسائل التواصل الإلكترونية باعتبارها اتفاقيات ملزمة

المحامين الأعزاء،

هل يمكن أن تخبرنا ما إذا كان يمكن اعتبار الالتزامات أو الاتفاقيات عبر وسائل التواصل الإلكترونية (البريد الإلكتروني) ملزمة وفقاً لقانون دولة الإمارات العربية المتحدة؟

شكرًا،

محمد.

Arkhurst & Abdellah Solicitors
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7 Oct 2018, 12:27

In response to your question, the answer is yes. Under the UAE law, a legally binding commitment/agreement may be formed.

A contract may be formed verbally, in writing or by conduct as long as the full essential elements are there i.e. an offer to do something, an acceptance of the offer, the subject matter of the contract is defined and there is a lawful purpose for the obligations arising under the contract.

The Civil Transactions Law 1985 recognises the above as a legally binding contract, subject to specific cases as per Article 130 where the contract is required to be in writing.

Article 143 of the Civil Code states that a contract may be made by telephone or other similar means.

As regards the place where the contracts were made, it will be assumed that the parties had made the contract in a single majlis with both of them present at the time of the contract with respect to time and place.

Further, legal recognition of these forms of contracts made by electronic means can be found in the Electronic Transactions and Commerce Law 2002.

This law recognizes electronic signatures on contracts. Electronic files and documents are also recognised as long as there is evidence to prove they are identical to the original hard copies that the parties intended to sign.

Where there is a dispute, courts will consider the reliability of creating and saving the electronic document, security of information and verification of the identity of the person who created the information.

Hope you will find the above useful. 

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