أوجه قصور حماية المستهلك في القانون العراقي : دراسة مقارنة

الملخص EN

The development that the world witnessed, especially after the industrial revolution, and the resulting complexity in products and services, and the emergence of professional people to provide them, taking advantage of their technical superiority and harnessing technological means to serve their projects, in exchange for people who need those products and services, as well as their ignorance of its components, characteristics and approved methods.

For contracting, all of this imposed a search on the adequacy of the general rules in civil law to protect the weak party in that contractual relationship, after the balance was disturbed, and the relationship between the two parties to the contract became the relationship of the one who knows with the one who does not know, and the relationship of the superior financially and technically with the weak financially and technically, and after taking responses Under the pressure of the need to adopt new legal rules that would protect the weak party and restore the lost balance, the various countries realized the need to keep pace with this development and adopt provisions that meet the requirements of consumer protection, so they turned to developing special laws for consumer protection, and these laws focus in their general framework to try to bridge Gaps in the general rules contained in the civil law, through the formulation of special rules that protect consumer satisfaction as the weak party by providing him with insight and information The necessary measures for the product or service to be contracted, as well as redrawing the concept of arbitrary conditions, and tightening the obligations of the professional as the strong party in this contractual relationship, by imposing many obligations on him that stress his responsibility, ensuring that the consumer obtains services and products It meets its requirements, and ensures the availability of the specifications and characteristics that it expects from it, in a way that secures their safe use in a manner that preserves its security and safety.

Among the legislation that sought to do so is the Iraqi Consumer Protection Law No.

1 of 2010, which is the first consumer protection law issued similar to other countries, and where The efficacy of any law and its sufficiency in achieving the purpose of its legislation does not appear clearly except when it is applied, so putting this law into practice is the real test for it to the extent to which it meets the requirements of Iraqi consumer protection, which showed the inability of some rules to keep pace with emerging developments, especially the global health crisis and its accompanying From high prices and so on, which represents the essence of the research.