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Document Type |
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Thesis |
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Document Title |
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The legal effects of contractual communications through instant messaging in Saudi Arabia أحكام التعاقد عبر وسائط المحادثات الفوريّة في الأنظمة السعوديّة |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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The study dealt with the contract provisions through the means of instant conversation. It started with the pre-contract negotiation stage, then the contract concluding stage, up to the implementation stage, in addition with the authoritativeness and objectivity of instant chat messages. It is aimed to shed light on the principle of good faith in all these stages by using the analytical method as well as the applied method to analyze the law texts and the Saudi judiciary rulings.
The study was divided into two chapters and a preliminary examination, which dealt with the concept of electronic contracting, the intended of the instant conversation means and the principle of good faith. The first chapter was devoted to the pre-contracting negotiation, the obligations arising during this stage, in addition to the contract concluding provisions specifically the contract council provisions, the electronic offer and acceptance and the care level that required to negates the bad faith with the contract parties in these two stages.
In the second chapter, the study shifted to the implementing stage and what may permeate of modification or request for renegotiation in this stage as one of the aspects that shows the principle of good faith. Also, studying the authoritativeness and objectivity of instant chat messages in proof.
The study has several conclusions, the most important is the role of good faith principle in all the contract stages lies in the commitment of vigilance, sincerity and purity from all fraud and harm to others, with the need from the contracting parties to exert the required care to verify the contract data.
The study concluded with some recommendations, the most important is the recommendation of the Saudi regulator to add the good faith principle in the Civil Transactions System to be expanded on what came in the Arab regulations and the Kuwait Document, and generalize it in all the contract stages: negotiation, conclusion, and implementation because this principle will ensure the interests of both contract parties are represented in a balanced manner during all the contract stages not only in implementation stage. |
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Supervisor |
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Dr. Abdullah Alkholy |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1444 AH
2023 AD |
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Added Date |
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Tuesday, August 8, 2023 |
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Researchers
| شروق محمد اليامي | Alyami, Shrouq Mohammed | Researcher | Master | |
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