Transactions Related To Internet Resolving Conflict Of Laws With Reflections In Unification And Harmonization Of Laws | ||
| المجلة القانونية | ||
| Article 4, Volume 9, Issue 7, 2021, Pages 2485-2538 PDF (519.06 K) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jlaw.2021.190712 | ||
| Author | ||
| Salah Eldin Gamal Eldin | ||
| Ass. Professor And Head of private Law Department Faculty Of Law And Jurisprudence Member Of LCIA, AJIA | ||
| Abstract | ||
| The information transfer technology represented in the “internet” has had a significant impact on the international trade movement in the past years, and one of the problems raised by these transactions is the problem of conflict of laws or determining the applicable law, which prompted us to prepare this study since the year 2000, which was published in 2004, then Re-write it and publish it in this research in 2020 in proportion to updating the references and opinions that were presented in it, especially since the Internet and the transactions that take place through it have become part of the new world order resulting from the phenomenon of globalization, and then the solution to the problem of conflict of laws was affected by the efforts of unifying and coordinating laws. We have been exposed to the applicability of national laws, and in it we have been exposed to the applicability of the laws of the United States of America as a law governing online transactions; Due to the existence of the controlling devices on the Internet in this country, and because it is the place of the origin of the Internet, as well as the possibility of applying the rules related to the customs of dealing through the Internet as a subjective law governing these transactions. This required research on the principle of legality to determine the reasons for finding an organization for online transactions and solving the problem of conflict of laws, and given the diversity of relationships, the study required a study of conflict of laws in the relationship between the Internet user and the service provider, and in the relationship between Internet users themselves before we serve the study by exposure to efforts to unify Coordination of laws at the European level and the global level. | ||
| Keywords | ||
| Internet; Conflict of Laws; Subjtanstive Laws; Unification of Laws | ||
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