مدى ملائمة القواعد القانونية الناظمة للمتجر في التشريع الأردني على المتجر الإلكتروني : دراسة مقارنة

العناوين الأخرى

The appropriateness of the legal rules governing the store in Jordanian legislation on the electronic store : is a comparative study

مقدم أطروحة جامعية

الأحمدي، هديل عبد الجبار إبراهيم

مشرف أطروحة جامعية

الذنيبات، محمد عبد المجيد محمد

الجامعة

جامعة الشرق الأوسط

الكلية

كلية الحقوق

القسم الأكاديمي

قسم القانون الخاص

دولة الجامعة

الأردن

الدرجة العلمية

ماجستير

تاريخ الدرجة العلمية

2020

الملخص الإنجليزي

The online store is one of the important elements and tools for the merchant in practicing e-commerce, which has the characteristics of the traditional store in addition to features corresponding to its electronic nature that may change and develop with the development of the electronic technologies used, as it consists of material elements limited in number, compared to the traditional store, and intangible elements that are distinguished by their nature.

The issue of this study relates to its legal regulation in the two legislations under study, and the problem with this study lies in the suitability of the legal rules governing the store in the Jordanian legislation and the counter legislation on the online store, in order to fill the legal void facing the online store as it is a form of e-commerce and the merchant's tool in the digital environment, as the legal provisions of the Jordanian Electronic Transactions Law and the Iraqi Electronic Signature and Electronic Transactions Law are not sufficient to regulate the online store and the actions received on it according to its own legal nature, which called for guidance to the Saudi e-commerce system in order to clarify the legal rules for dealing with the online store and organizing all its aspects to form a clear vision for the Jordanian legislator and the Iraqi legislator for legal texts that would address the online store and its dealings and control its parties and their relationships, and the elements of the online store can also be protected by the special legal rules for consumer protection laws and the law of unfair competition, in order to include these elements in their protection of any type of store.

The researcher noticed that the Saudi e-commerce system has organized special legal provisions and controls concerned with organizing the e-commerce sector in a manner consistent with its electronic and technical nature, and with provisions and controls that include the online store, its dealings, parties and their relationships, which is the relationship of the merchant to the service provider and the relationship of the merchant to the consumer, in addition to defining the obligations and the practices of the merchant to ensure consumer rights and to increase his confidence in electronic transactions, and this is through codifying the rights of the electronic consumer related to the commercial process that takes place through the electronic store, such as his right to invoice and his right to return the commodity or cancel its request, and by setting strict legal controls that regulate misleading electronic advertising, for the consumer, and imposing a penalty consisting in blocking the online store in the event that it violates the provisions of the system or its implementing regulations.

Accordingly, the Jordanian and Iraqi legislators must address the legislative deficiencies and deficiencies represented in the insufficiency of legal provisions to regulate matters related to the electronic store, by enacting a special law independent of the electronic store, or by establishing special legal provisions and controls that regulate the online store and its dealings and govern the obligations of its parties and their relationships, where guidance and assistance can be made to legal and specific controls organized by Saudi legislator in the e-commerce system and its executive regulations.

التخصصات الرئيسية

القانون

عدد الصفحات

101

قائمة المحتويات

• APA
• MLA
• AMA

لغة النص

العربية

نوع البيانات

رسائل جامعية

رقم السجل

BIM-1407705