القانون الواجب التطبيق على العقد الإلكتروني : دراسة مقارنة بالفقه الإسلامي

الملخص EN

The Applicable law of electronic contract: A comparative study between law and Islamic Shereaa'.

The physical existence of contractual parties in one place represent a basic rule of contract which is known as “council of contract”.

However, this rule cannot imagine its existence in present time because of the rapid development in communication methods which have a high speed and diverse.

Theses communication methods make the whole world like small village.

Therefore, the people can make many and different due to these method of communication.

According to that, the “electronic shopping” or “internet trade” or “electronic trade has emerged and become popular.

The electronic shopping made by electronic contract.

The electronic contract raises many issues which is worthy to analysis and discuss.

The applicable law one of that issue.

Therefore this article examine this issue and answer the questions that what law should apply on electronic contract and which competent court has the authority to settle the disputes between the contractual parties.

In addition to that this article discuss whether the general rule of applicable law is suffice to applying electronic contract or not.

Particularly that some countries does not promulgate legislation involvement on electronic contract such as Iraq.

Therefore the author discuss all these issues and suggest some solution to these issues.