Abstract

Against the backdrop of profound transformations in the global economy, the digital economy has emerged as a fundamental driver of development and prosperity, with electronic commercial transactions representing one of its most significant manifestations. In response to these developments, Morocco has adopted a series of strategic initiatives and enacted legislative measures designed to foster the digital economy and regulate electronic commerce. Despite these efforts, the traditional law of obligations, as the legal foundation governing civil and commercial transactions, remains ill-equipped to address the distinctive features of electronic contracting. This inadequacy is particularly evident with respect to the doctrine of contractual consent, whose traditional rules exhibit a degree of rigidity that fails to accommodate the technological and economic realities of digital transactions. Against this background, the present study examines the legal gaps surrounding contractual consent in electronic commercial transactions and explores the reforms required to establish a more balanced contractual framework, without either promoting market-oriented capitalist interests at the expense of the weaker contracting party or, conversely, undermining contractual freedom and commercial efficiency through excessive protective intervention.

Keywords

Party Autonomy – Electronic Commerce – Standard Form Contracts – Digital Platforms – Contractual Balance.