IRAQI LEGISLATOR'S POSITION ON ELECTRONIC MEDIA IN COMMERCIAL CONTRACTS

Abstract

Through research on this topic, we came to conclusions, which we followed with recommendations, and we will review them in turn.

Results:

1- The position of the Iraqi legislator on electronic commerce is that he has kept pace with the development that has occurred in the international community and this is evidenced by his issuance of the Electronic Transactions Law No. 79 of 2012.

2- Electronic commerce has advantages, but the Iraqi information infrastructure is still not eligible for this type of commercial contract, as it has a high cost and needs a strong speed machine to respond to the parties to the contract in addition to that Iraq is still at the beginning of its commercial dealings with countries, especially after leaving Chapter Seven of the imposed sanctions. On him after his invasion of Kuwait.In the sense that his commercial dealings are now on a high point with all countries.

3- The electronic commerce contracts, despite the advantages they achieve for those who join them, may at the same time involve legal risks, if so to speak for him, and this becomes clear mainly when there is a disparity in the legal positions between the parties to the contract by concluding between a merchant A professional who knows the origins of his craft and an ignorant consumer.

4- The consumer is exposed to the most legal risk by being subject to general rules in concluding the contract. If these rules are appropriate for contracts concluded by traditional means, they are not consistent with the privacy of electronic commerce contracts. These contracts are distinguished, based on the means through which they are executed - speed in concluding them first, as expressing the will within its framework takes only a few seconds, and this may be achieved by pressing a specific button indicating the consumer’s acceptance of the professional merchant’s offer, so he concludes the contract and is distinguished by being contracts between absentees from Where is the place second. The speed in concluding this has great risks, and the presence of the two parties in two different places may be that the Iraqi legislation lacks special rules in e-commerce contracts that take into account their specificities, even though the Iraqi legislator has issued the e-commerce law for 2012, but it still relies on the civil law to prove such contracts Especially a law passed in 1951.

5- The speed of concluding the contract and the means of expressing the will in it may not allow the consumer the opportunity to consider and reconsider the decision to conclude the contract. He will find himself bound to a contract that he has not had the opportunity to study. Rather, more than that, it often happens that the consumer presses a certain button on the computer by mistake or by accident and without having the intention of concluding or entering into a contract.

6- If the consumer confirms his acceptance by pressing the button and filling in the electronic contract acceptance form, it makes the contract concluded binding and according to the general rules. If the contract is concluded, then it is necessary, and neither party can renounce the contract except as an exception and in certain circumstances specified by the legislator. The application of this rule means that the consumer cannot renounce the contract even if it becomes clear to him that the commodity that he received under the contract does not correspond to his desires or that he imagined it contrary to what it is in reality. If this rule fits into the sales contract concluded by the attendees, then it does not agree with the nature of electronic commerce contracts. The consumer, in these contracts, is not allowed to see the thing except in a description, and he has no choice but to accept this description if he wants to conclude the contract.

7- The electronic commerce contracts concluded between a professional merchant and a consumer are characterized by an imbalance between the two parties. The merchant has the experience and the technical competence, while the consumer is much without the merchant in this knowledge. This imbalance is a feature of any contract concluded between a consumer and a professional, and is not a characteristic of electronic merchant contracts. However, the imbalance is more apparent in e-commerce contracts. Other dimensions are added to its dimensions in traditional contracts. The consumer's ignorance in electronic commerce contracts is not limited to his ignorance of the location of the contract or the dimensions of the conditions contained in the contract, but rather his ignorance of the personality of the other party who concludes the contract with him, but he is even ignorant of his whereabouts and the legal system to which he is subject.

8- The Iraqi citizen’s lack of confidence in establishing private websites for customers on the Internet to conclude a commercial contract.

In addition to the high cost of sites, their maintenance, updating and providing them with all the tools for implementing the online store.