Emoji contracting - a comparative analytical study
Abstract
Until recently, emojis and emoticons played a negligible role in the realm of online text messaging concerning contractual negotiations and pre-contractual inquiries. Occasionally, conversations featured the "smiling" emoticon (J), serving merely as an indicator of enthusiasm and optimism. Its function, however, did not extend to influencing the substance of negotiations, contractual terms, or any breaches thereof.These symbols, with their social, marketing, and legal dimensions, have garnered both praise and criticism. Their integration into the domain of contractual negotiations, where expressions of intent are made and contracts may be concluded using these symbols, has ignited a broad legal discourse. The question of whether these symbols can genuinely serve as valid means of expressing intent, and subsequently, holding individuals accountable for any discrepancies, has become a focal point in legal and judicial discussions. The debate revolves around the feasibility of embracing these symbols as legitimate forms of expressing will, and the potential legal consequences for those who may not adhere to them, elevating the complexity of issues related to legal responsibility.
References
- Abd al-Rahman Hijazi Muhammad Hijazi, Interpretation of the Contract, Masters Thesis, League of Arab States, Institute of Research and Studies, 1988, p. 190.
- D. Abbas Al-Aboudi, The extent of the Canadian judges authority in advanced interpretation, research published in (Al-Rafidain Law Journal, No. 8 | Dhul-Hijjah 1420, March 2000).
- D. Abd al-Razzaq al-Sanhouri, The Theory of the Contract, 1st edition, Dar al-Kutub al-Misriyah, 1934.
- D. Abdul Majeed Al-Hakim, Explanation of Civil Law, Sources of Obligation, Legal Library, Baghdad, 2007.
- D. Ahmed Shawky Mohamed Abdel Rahman, Contract Theory, Manshaat Al Maaref, Alexandria, 2006.
- D. Majid bin Hosni Al-Harithi, Modern Pictorial Symbols and Their Impact on Language, Islamic University, Medina, without year of publication, p. 720.
- D. Muhammad Hamad Al-Sumaidaie, Doha Tahimer, The Judges Authority in Interpreting the Contract, research published in the Journal of the Jordanian University of Zaytoonah for Legal Studies, Volume 2, Issue 3, year 2022.
- D. Muhammad Suleiman Al-Ahmad, The General Theory of Civil Intent, 1st edition, Al-Halabi Legal Publications, 2009.
- D. Muhammad Wahid al-Din Siwar, Explanation of Civil Law, General Theory of Obligation, Part 1, Sources of Obligation, without place and time of publication.
- D. Suhair Hussein Hadi, The familiar condition in the contract, without place and time, published, pp. 78-82.
- Egyptian Civil Law No. 131 of 1984.
- Egyptian Electronic Signature Law No. 15 of 2004.
- Elizabeth A. Curley, Marilyn M. McMohan, the factor of emojis, the human character of the emerging digital discourse, research published in the Journal of the Dubai Judicial Institute, Issue 13, Ninth Year, Ramadan 1442 AH, April 2021 AD.
- Faisal Munis Al-Anazi, The Reality of Using Emojis in the Digital Media Environment, Dar Radmak, Saudi Arabia, 2020, p. 18.
- Hisham Awad, Scientifically... Why do we like to use emojis in our conversations, an article published on the Internet, on the following website: https://www.masrawy.com Date of visit: 9/11/2023.
- Iraqi Civil Law No. 40 of 1951.
- Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.
- Jaballah Abdel Hamid, Expression of Will, Masters Thesis, Faculty of Law, University of Algiers, 2013-2021, p. 488.
- Jordanian Civil Law No. 43 of 1976.
- Jordanian Temporary Electronic Transactions Law No. 85 of 2001.
- Moanes Hawass, the Unknown Soldier... Shigetaka Kurita, the Japanese inventor of the emoticon, an article published on the Internet at the following website: https://www.youm7.com, date of visit: 9/15/2023.
- Moufida Al-Awadi, Expression of Will in Contracts via the Internet, Masters Thesis, Faculty of Law and Political Sciences, Larbi Ben Mhidi University, Algeria, 2015.
- Muhammad bin Makram bin Manzoor Al-Afriqi Al-Misri, Lisan Al-Arab, vol. 7, 1st edition, Dar Sader, Beirut, without year of publication, p. 200.
- Nawal Wasar, Emojis in the Digital Environment, Communicative Transformations and Communicative Challenges, research published in the Journal of Human Sciences at Oum El Bouaghi University, Volume 9, Issue June 2, 2022, p. 1003.
- The French Civil Code of 1803 as amended.