Overview

Since 1804, the conditions for the formation of a contract have been relatively resistant to the vagaries of time. To be valid, a contract must meet certain essential conditions: consent, capacity, certain object and lawful cause. In the light of recent technological developments, the contract, as a convention, has not remained on the sidelines insofar as we now speak of e-consent, digital capacity and even, more generally, electronic contracts. The latter is most often established via dedicated platforms and the increasingly regular use of the ""network of networks"" the Internet. This study therefore suggests that we should consider the possibility of updating the constituent elements of contract formation. It is also a good opportunity to highlight the impact of information and communication technologies (ICTs) on contractual relations, since we can no longer do without them. Notwithstanding its interference, ICT seems to be bringing about relative changes in the constituent elements of contract formation.

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