Guarantees of the electronic buyer before and during the conclusion of the electronic sales contract Between the Iraqi Civil Code And the Iraqi Consumer Protection Law No. (1 of 2010) A comparative study

Om Kalthoum Sobeih Mohammed, M.

	Guarantees of the electronic buyer before and during the conclusion of the electronic sales contract Between the Iraqi Civil Code And the Iraqi Consumer Protection Law No. (1 of 2010) A comparative study
Journal of The Iraqi University
Article 1, Volume 3, Issue 33, 2016, Pages 221-290
Author
M. Om Kalthoum Sobeih Mohammed
Abstract
In recent years, there have been many significant developments in information and communications technology, which have changed the nature and lifestyle of all people in developed and developing countries alike, with modern means of sale, such as radio, television, fax, etc. (E-commerce), which has made the world a small cosmopolitan village swimming in an electronic space in which distances shrink. Thus, the world economy abandoned the traditional image of the contract of sale, which is the transfer of goods and products to be presented to individuals to a better and faster image using the advanced technology through the Internet, and has overcome most aspects of daily life of the society. Today, the person can shop and buy all his needs. The development of the technology made the conclusion of the contract of sale easy, without barriers and barriers, so that the Iraqi can contract and buy goods and goods from China or America, sitting in his home in Baghdad. There is no doubt that the huge industrial and technological development and the resulting diversity of services, goods and products, coupled with the multiplicity of marketing methods and contemporary and different advertising methods, have had an effective effect in the development of the forms of sales contracts and urged individuals to contract and purchase without discussion or negotiation. The potential for loss or loss of money is large and major, as a result of the wide potential for fraud or fraud in dealing with the Internet. If the large electronic and rapid impact on the process of linking the world with electronic networks made him a closely interconnected cell, A number of new forms of fraud and fraud have emerged, resulting in active attempts to find ways and means to reduce such violations and attacks, thereby countering fraud and fraud, and although some buyers May refuse to deal with modern technology to their fears of fraud and fraud, but the expansion of the volume of electronic commerce can no longer be stopped, especially with regard to business and government activities. The emergence of e-commerce or so-called cross-border e-shopping and subsequent e-contracting procedures, which often constitute a buyer, often have a major impact on the legal system of traditional sales contracts because of the traditional theory of obligations to protect the buyer , So the need to protect the buyer in the electronic market began, the confidence in the electronic market is one of the most important needs of the buyer in order to meet his personal needs, as the legal protection of the electronic buyer, especially in the pre-contract, or at the stage of conclusion of the contract Is very important because the buyer can be a weak contracting party while the seller is in a position of strength in the face of it, as the buyer may need a certain commodity as necessary, and therefore subject to unusual and unfair conditions, and the buyer needs legal guarantees due to lack of security, Online problems, and the great risks that may come from a vendor whose behavior is often fraudulent and fraudulent towards the buyer. The risk may also come from others, such as in the case of hacking of completed electronic networks, where information is stolen and reused to the detriment of the buyer, That supplication Advertising in the scope of the electronic contract may play a big role in the buyer's fault in the contract, which, if taken into account the power of the Internet in terms of proliferation, the impact of advertising and the ability to quickly and easily access to the buyer until he feels trapped in And the second by the seller or the producer of the product he is marketing through the Internet, all this requires the protection of the electronic buyer and protect him from the evil of falling victim to consumerism, and protect the buyer in the Contracting Elk The Iraqi legislator is keen to keep abreast of the huge development in this field through the issuance of legislation and the extraction of the mechanisms necessary to rebalance consumer relations, thus causing harm and danger to the electronic buyer after the world markets have turned into large markets where he meets. Remote contractors without any impact on their geographical locations, exchanging legal transactions in a more accessible way than traditional methods, and legal terms that had not previously existed such as electronic contract, electronic arbitration and electronic liability And of other terms. All this required the intervention of the Iraqi legislator represented by the House of Representatives. The Consumer Protection Law No. (1) of 2010 regulating many matters related to electronic contracting, but the issuance of this law did not abolish the role of the Iraqi civil law as it still governs contractual relations that have failed or hushed up the law Protection of the consumer from regulation. The subject of the study will be limited to addressing the extent of legal protection available to the buyer in the pre-and electronic sales contracts through the statement of guarantees provided by the legislator to the electronic buyer either in the Iraqi consumer protection law or in the Iraqi civil law. This will be done by answering the following questions: Are the buyer's justifications

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