النظام القانوني لعقد خدمة المعلومات الالكترونية : دراسة مقارنة == The Legal System For Electronic Information Service Contract
Author name:
لبنى عبد الحسين عيسى السعيدي
Supervisor name:
جليل حسن بشات الساعدي
General topic:
Law
Specific topic:
Civil Law
Degree:
Doctorate
University:
University of Baghdad - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1508 - p.pdf
Abstract:
ان شبكة الانترنت احدثت تغيرا جوهريا في نقل وتبادل المعلومات، واختصرت الزمان والمكان، واصبح العالم بفضلها قرية كونية صغيرة، انعكست اثارها على ابعاد متعددة، اهمها البعد القانوني، اذ برز اثر هذه الشبكة على الوسائل التي تتم عبرها العقود، فاذا كان التعاقد عب | The internet has made substantial changes to the ways that individuals interact and exchange information. The changes to these inter - personal interactions have resulted in a reduction in the time and effort required to interact. This affects many dimensions of an individual's life, including how they conduct their legal affairs. The internet has impacted all aspects of the practice of contracting; from negotiation, the exchange of consent, drafting of contract terms and the execution of contractual obligations by each party. All of these activities can be conducted by electronic means. All aspects of contracting have been impacted by electronic commerce. The ownership of tangible materials and the provision of services are increasingly being procured on - line. In this study we will consider whether the traditional forms of contract law are sufficient and appropriate to regulate emerging electronic service. We have chosen the subject of “the legal system for electronic information service contract” for our dissertation. The report will consist of three chapters preceded by an introduction. In the first chapter we have sought to clarify the essence of electronic information service contract. We have therefore dealt with three main subjects. First we commenced by defining the relevant contracts in order to shed some light on their essential characteristics. Next we considered some of the philosophical arguments about the nature of this contract and have compared some of the different perspectives. This is an important aspect of the dissertation because there are differences of opinion in this area particularly as to whether this contract has a special nature at all. At the end of this chapter we have considered international standards that are being applied to the relevant contract. We have discussed how these international standards may assist to inform developing research and legal reform. In the second chapter we have concentrated our study on the formation of this contract. Then we identify the parties of this contract and their subject. However this contract is kind of mutual contract. This causes a difficulty in characterization due to the special nature of the contract. Therefore we try to demonstrate the most important obligations which are interludes of the agent and the client and their liability.In the third chapter, we have considered the need for the law to properly support people who seek to create electronic service contract. We take the position that the law should provide the ability for individuals to make a choice about the kind of contract they wish to make. It is more important that the law is relevant and properly supports contracting activity rather than restricting the nature of the contract. We therefore have set out the debate in this matter with some careful detail. Initially we clarify the ability of the party to choose the relevant law for their contract. Then we discuss the inflexible standards that currently exist in the law. We apply a classical method of conflict of laws to simplify the debate and then finally we test the applicability of the rules of electronic commerce to these contracts. We conclude by explaining our own opinion on the issue. In the conclusion of our study we have stated our findings and made our recommendations regarding electronic information service contract. We make a number of recommendations for legal reform that we hope will serve as a basis for changes to the law in Iraq
