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The Applicable Law to the Transferable Electronic Record as the Subject of the Harmful Act | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 29, Volume 15, Issue: 2 part 1, September 2025, Pages 752-787 PDF (1.01 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.156666.1445 | ||
| Authors | ||
| Israa . Israa Abd-Alkarim* 1; Rana Sadiq Shehab Al Dulaimi2 | ||
| 1Al Iraqia University College of Law and Political Science Department of private Law | ||
| 2Al Iraqia University College of Law and Political Science Department of private Law | ||
| Abstract | ||
| The research addressed the study of the transferable electronic record as a subject of the harmful act, focusing on the legal challenges associated with protecting these records and settling disputes related to them, as it shows the adequacy of traditional rules to determine the applicable law, such as local law, and the extent of the need for modern rules that are compatible with the digital environment, such as the most relevant law that is based on a comprehensive analysis of the elements of the legal fact to ensure that justice is achieved for the parties. This principle is an effective tool for overcoming the traditional restrictions of rigid rules, as the law most closely related to the essence of the dispute is applied instead of relying on geographical location only. On the other hand, new network controls have been introduced, such as the law of the sender's state and the law of the receiving state, where the former focuses on the place of transmission to determine the law, while the latter depends on the place where the damage occurred. Despite the practical advantages of these controls, they may face application difficulties due to the immaterial nature of the digital environment and the multiplicity of affected locations. that current legislation needs fundamental amendments to keep pace with digital challenges. It also recommended adopting flexible rules, such as the appropriate law and the most relevant law, in addition to enhancing international cooperation to determine the applicable law in digital disputes | ||
| Keywords | ||
| harmful act; electronic record; applicable law; electronic dispute | ||
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