التزام البائع المحترف بالحيازة النافعة في عقد الاستهلاك

Abstract EN

The contract of consumption is considered an important mean for the consumer in order to accomplish its desire to acquire the necessary goods and services for the purpose of satisfying the daily needs.

the goal of this acqusition is not only shortned to the ownership of the sale, but extendes to include guarantees for the consumer in order to enjoy beneficial possession and free of any defects that affect the safety of the slae on the one hand, and the price or the benefit of the sale on the other hand.

as the obligation of the seller to obey such guarantee occupies a prominent place within the corridors of the system of consumer protection, especially with the advancement of the era of globalization and technological progress, and the emergence of advanced and sophisticated tools and devices in terms of its composition and characteristics and functions that are supposed with lack of consumer ability to show what caused the defects as a natural result of the existence of discripancy in knowledge between the contractors professional seller and the normal consumer, and it may consider this modest effort in the course of this obligation between the Iraqi consumer protection act no.

(1) of 2010, where entered in its nature, conditions, provisions and special agreements of its amendment, compared with the laws of some countries made strides in this area, and eventually reached several results, and made several recommendations, hoping perhaps to be taken by the Iraqi legislator in the coming amendments of the consumer protection act in force.