The Principle of Good Faith in Libyan Electronic Contracts: An Analytical Study

Abstract

In a contractual environment undergoing a shift from its material nature to a digital space where traditional standards are increasingly receding, this study offers a deliberate and foundational reading of the principle of good faith in the performance of electronic obligations. This principle is considered one of the latent pillars upon which the balance of contractual relationships in cyberspace is built. The study focuses on the Libyan context, particularly the Civil Code and Law No. 6 of 2022 on Electronic Transactions, while addressing the legislative and structural deficiencies that have hindered the effective implementation of this principle in the digital realm.

The study is based on the hypothesis that the transition from traditional to electronic contracting has not only stripped legal intent of its tangible content, but also translated it into an intangible, programmatic dimension. This transformation has complicated the process of evidence, particularly in the absence of an integrated technological system for verifying identity and contractual timing, and the lack of institutional oversight capable of holding algorithmic behavior accountable. A comparative analytical methodology was adopted, combining legal theorization with judicial analysis, while drawing on European and American experiences that have developed advanced concepts such as “algorithmic intent” and “conscious design behavior” as legal tools for re-engineering digital trust.

The study concludes that achieving contractual balance in the Libyan digital environment will not be realized without reconstructing the system for proving intent through a national digital identity linked to a reliable database, legislative amendments that explicitly penalize the use of deceptive programming patterns (Dark Patterns), and the imposition of a design transparency principle on digital platforms to protect free will and prevent latent exploitation.