الحماية المدنية للأموال الالكترونية : دراسة مقارنة

الملخص EN

The rise of contract interaction by electronic means led to necessity of new rules to govern these electronic relations legally for the sake of protecting contact's parties, especially rules dealing with the way of expressing party's will by exchange data electronically, achieved data security, prevent intruders from access these data in the age of spreading of data fraud.

All that lead to emphasis of obtain electronic data like unique identifier number, which adopted by Lebanese's legislature.

As to Iraqi legislature didn't regulate unique identifier number in spite of its important to the law of electronic signature and electronic transactions No.

(78) of 2012 but the law of electronic signature and electronic transactions give a legal definition to electronic documents in Sub article (ten) of Article one of the law.

But we must take in consideration that contract traditionally initiated by offer from one party with acceptance from other party; in Electronic contract the will of party sometime express by a electronic mediated party without the interference of human party, that shed a doubt on the legality of the action of automotive factor and is this automation give the contract legal validity or it's a void contract? Iraqi legislation regulate the relation of communication of contract party in the articles (18/19/20) respectively in law of electronic signature and electronic transactions No.

(78) of 2012, we can concluded that the electronic contract held by electronic mediation is valid.

There is another assumption when the price of product in contract is pre-determine; is this contract is void because there is no agreement on the price or it is valid as contract regarded a slandered contract? .

We can concluded that Iraqi legislator could have avoid that by specified a legal role for that situation to end any dispute may arise in future.

As to electronic payment we can say it's have multiple disadvantages in spite of its available legal protection provided which lead us to suggest to maintain new technical means to reach a legal security like the system of encryption adopted by United States of America( Iraq didn't adopted)