Consent in International Electronic Contracts

Background and Objective: With the expansion of international electronic commerce, the principle of consent as the foundation of contract validity faces new challenges. This study aims to analyze the concept of consent in international electronic contracts and examine the mechanisms for its realization in digital environments, as well as the factors affecting the accuracy and legitimacy of consent.

Materials and Methods: This research is theoretical in nature. The methodology is descriptive-analytical, and data were collected through a library-based approach, including a review of books, articles, and official documents.

Findings: The study revealed that specific features of electronic contracts, including non-presentiality, high speed of execution, use of automated systems, and the multinational presence of parties, influence how consent is expressed and realized. Electronic offer and acceptance, click actions, data messages, and digital signatures play a key role. However, factors such as disruption of will, digital fraud, economic coercion, and imbalance of power can lead to the emergence of apparent consent rather than genuine consent.

Ethical Considerations: Throughout the research, originality, honesty, and integrity of the texts were maintained.

Conclusion: Ensuring genuine consent requires clarity of contractual terms, obligation of informed consent, consumer protection, and standardization of international electronic contracts. Technology, through tools such as identity verification and transaction recording and tracking systems, can strengthen the realization of genuine consent and ensure the legitimacy of digital contracts.