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المسؤولية التقصيرية الناشئة عن استعمال الانترنت == Tort Arising Responsibility Of Using Internet
Author name:
احمد جعفر شاوي الغراوي
Supervisor name:
عباس زبون عبيد العبودي
General topic:
Law
Specific topic:
Civil Law
Degree:
Doctorate
University:
University of Baghdad - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1456 - p.pdf
Abstract:
ونحاول في هذه الدراسة ان نبين مسؤولية اشخاص الانترنت عن تعويض الاضرار الناشئة عن استعمال الانترنت , ومستخدم الانترنت هو الشخص الذي يلتحق بالشبكة العالمية بقصد الحصول على المعلومات او بقصد بثها على المواقع المنتشرة على صفحات الــ web فهو في الحالة الاولى ي | With reference to the technology development in the contemporary life, and the modern technology methods that widely used in most aspects of life especially in such legal aspects; which caused many problems that need solutions through legislative treatments. Most obvious problems were related to what we are taking about in this dissertation under the title "Tort Arising Responsibility of Using Internet", which includes many legislative problems starting from selecting Internet users, selecting who's responsible for this illegal use and how to improve that, moreover, we have Internet suppliers, sub - suppliers and the end users that caused this legislation. In addition, there is another problem that related to who is responsible of such illegal jobs through using Internet; and the arguments that took place accordingly, especially about the responsibility of the Internet suppliers because they are already technicians and have good experiences in this filed. Thus, the weighting balance was accepted the theory of material responsibility for assessing the responsibility on the basis of the damage without regard to the element of error and forcing the injured to prove the fault.Other problems that caused through using the Internet is how to select the errors with damages itself and the caused relationship, in which we noticed the contrasts of them according to the illegal method of using Internet.Moreover, the problem here is how to select which law that we have to apply especially we are talking about a global means, so almost, the damage happened in another country with more than one damage; exactly, like the assault on the Intellectual Rights that caused both literary and real damage, through publishing these workbooks from one of Internet users to the common, then saving them easily by many people. And another common example, is publishing the viruses through the Internet and hookers of such social method that caused many damages all around countries.After this discussion, there is a complex issue that related to the responsible court of these conflicts and how to estimate the compensation, in which it is very difficult to apply the common basis of civil law that leads us to apply such novel basis through an amendment to the provisions of civil law, or solving these problems under the Iraqi provision no. 78 for the year 2012 of electronic signatures, electronic process as well as the electronic contracts to include the provision of Tort Arising Responsibility of Using Internet for helping the Iraqi Judgment to solve such problems especially those who related to publishing issues.
