THE CONCEPT OF AN ELECTRONIC CONTRACT AND ITS CIVIL-LAW NATURE: SUBSTANTIVE AND PROCEDURAL ASPECTS OF ELECTRONIC FORM AND ANALYSIS OF INTERNATIONAL DOCTRINES

Abstract

The article analyzes the concept of an electronic contract and its civil-law nature in close connection with the substantive and procedural aspects of electronic form. The purpose of the research is to substantiate that an electronic contract should not be regarded as an independent type of contract, but rather as a digital form of expression of a civil-law contract, and to identify theoretical and practical issues related to electronic consent, electronic documents, electronic signatures, offer and acceptance, as well as electronic evidence. The article provides a comparative legal analysis of the legislation of Uzbekistan, the UNCITRAL model laws, the United Nations Convention on the Use of Electronic Communications in International Contracts, the EU eIDAS Regulation, and the legal experience of the United States, the United Kingdom, Germany and France. The study concludes that, in terms of its legal content, an electronic contract is not separate from the traditional contract institution; however, the specific features of the digital environment determine its form, the mechanism for identifying the parties, the method of confirming consent and the procedure for proving it in court. The article also examines the role of platform operators, the distinction between electronic contracts and smart contracts, the criteria for determining electronic offer and acceptance, and the requirements for assessing electronic evidence. The scientific novelty lies in the comprehensive analysis of an electronic contract as a civil-law agreement, an electronic document, a means of digital identification and procedural evidence.