An Analysis of the Legal Nature and Implications of the Right of Withdrawal in Electronic Contracts

Abstract

The right of withdrawal in electronic contracts is a significant protective mechanism for consumers in the digital commerce landscape, allowing them to unilaterally rescind a contract within a specified period without the obligation to provide any justification. This research underscores the distinction between the right of withdrawal and traditional legal concepts such as rescission (faskh) and options (khiyar), as it is based on consumer protection and aims to establish balance in digital agreements. This article, employing a descriptive-analytical methodology and drawing upon library-based resources such as domestic laws, international instruments, and scholarly opinions, examines the legal dimensions, effects, and implementation challenges of the right of withdrawal in electronic contracts. The findings reveal that the exercise of the right of withdrawal contributes to increased consumer trust, thereby enhancing transparency and improving the quality of electronic transactions. Moreover, the precise regulation of provisions and the revision of national and international laws are essential to ensure a balance of interests between the parties. Strengthening consumer rights represents a crucial step in the development of e-commerce law and the realization of contractual justice in the digital domain.