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.

Keywords

• expressive symbols
• emojis
• expression of will، common intention of contracting parties