النظام القانوني لعقود البث الفضائي : دراسة مقارنة == The Legal System Of Satellite Contracts A Comparative Study
Author name:
هدى جواد عبد الرضا
Supervisor name:
راقية عبد الجبار علي
General topic:
Law
Specific topic:
Civil Law
Degree:
Doctorate
University:
Mustansiriyah University - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1519 - p.pdf
Abstract:
This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.
