The formalism gap in electronic contracts under algerian law: a comparative analysis

Abstract

Objective: To analyze the scope of the principle of functional equivalence in Algerian law regarding electronic contracts, based on Law No. 15-04 of 2015 and Law No. 18-05 of 2018, in order to determine the areas in which legal equivalence is complete and those in which it remains limited by formal requirements. Methodology: A qualitative legal research study was conducted, based on dogmatic-legal, analytical-comparative, and hermeneutic methods. Algerian legislation on electronic contracting was examined, and a comparative doctrinal audit was conducted with the legislation of Tunisia, Egypt, Jordan, and Saudi Arabia, as well as with the UNCITRAL Model Law on Electronic Commerce (1996), the United Nations Convention on Electronic Communications in International Contracts (2005), the eIDAS Regulation, and the U.S. UETA/E-SIGN regime. Results: The analysis showed that Algerian law recognizes the functional equivalence of electronic documents and signatures in ordinary commercial transactions; however, it maintains restrictions regarding acts subject to notarial public instruments and those whose written form is a requirement for validity, particularly in real estate matters and other formal transactions. Conclusions: Algerian law incorporates the principle of functional equivalence effectively, albeit partially, demonstrating that the current limitations respond primarily to the preservation of substantive functions of legal formality and not to restrictions inherent in the technology