المسؤولية المدنية لإستخدام الإنترنت في التعاقد الإلكتروني بين التشريعين الأردني و العراقي

Abstract EN

The importance of the study is that it is looking at a legal topic Contemporary It is the civil liability arising from the use of the Internet in electronic contracting Dealing with these contracts has become a necessity at the present time, and as a result of their emergence and spread, the internet has been misused in these contracts.

it has become difficult to determine the responsibility arising from those Contracting in Iraqi and Jordanian law, and because of that the civil liability arising out of misuse of the Internet has been explained, The study relied on an integrated and composite methodology to find a comprehensive framework for analysis, among the most prominent of these approaches is the descriptive analytical approach: to explain and analyze the views of jurists in approving civil responsibility for people who use the Internet, especially in the field of electronic contract, in a manner that violates the law, regulations and instructions regulating in this field, The comparative approach: This is to compare between Iraqi and Jordanian law, as well as the opinions of jurists and the jurisprudence on the subject of the study, with reference to the position of some Arab laws whenever necessary.

The study also reached a set of results, the most important of which is that the misuse of electronic means in the contracting field is through the seizure of information in the electronic contract and therefore being used illegally and in violation of the law, which causes harm to the other party in the electronic contract, and the Jordanian and Iraqi legislator also recommended the inclusion of a law Electronic transactions are texts that clarify the provisions of both civil and electronic liability, and the law to be applied to them, and not to suffice with the general rules stipulated in the civil law.