أثر التطور التكنولوجي في استحداث الضمانات القانونية في عقد الاستهلاك الالكتروني

Abstract EN

Comparative legislation organized the electronic consumption contract and approved new legal guarantees to achieve a high level of consumer rights protection from the effects and risks of technological development, on the one hand, and on the other hand it can achieve positive results for electronic commerce in general and for professionals in particular by encouraging consumers to conclude consumer contracts via the internet without hesitation or fear that the offered goods or service may not meet his needs, because he will overcome this hesitation if he knows that he will be provided with a set of information about the commodity or service and everything related to the contract and that he has the right to withdraw from the implementation of this contract after receiving the commodity or performing the service within a specified period of time.

in order to know the content of the new guarantees and their effectiveness in providing the necessary protection to the consumer before and after the conclusion of the electronic consumption contract, we discussed in this research paper the definition of the electronic consumption contract and its parties to determine the personal scope of the guarantees.

the previous stage for the conclusion of the electronic consumption contract, and the second : ensuring the consumer's right to withdraw from the implementation of the electronic consumption contract, highlighting the most prominent comparative legislative provisions regulating these guarantees, especially the european legislation that made great progress in this context and the arab legislation that accompanied the treatment of this issue, an attempt to present these experiences to the iraqi legislator to take them into consideration when formulating the legal system for the electronic consumption contract.