خيار الرؤية كأساس تشريعي لحق الرجوع في العقد الإلكتروني: دراسة تحليلية مقارنة

الملخص EN

This research contains two main chapters; chapter one includes a modern and development feature, which is related to granting the consumer in the electronic contract (e-contract) a special protection, represented by the right to withdraw from the electronic contract at his unilateral will, within a certain period of delivery of the commodity.

second chapter includes an aspect characterized by authenticity and historical depth, which is related to granting the buyer in the sales contract the option of seeing, which gives him the right to cancel the contract or sign it, after the conclusion of the sales contract, if he had bought the item and did not see it at the time of the contract.

as it has been proven that both rights have one concept, one basis and one conditions.

therefore, we concluded that the right of withdrawal in the electronic contract stipulated in the comparative consumer protection laws has a legislative basis in the Iraqi civil law, represented by the option of vision, which extends its origins to the provisions of Islamic jurisprudence and Islamic Sharia.