The Iraqi consumer protection in international electronic contracts: issues on jurisdictions and applicable law

The Iraqi Civil Law (ICL) No. 40 of 1951 generally deals with all issues concerning conventional contracts in Iraq. The ICL, however, does not cover important aspects of international electronic contracts particularly concerning jurisdictional issues and applicable law. This study examined the rights provided by the international law to consumers who deal with international electronic contracts on issues concerning jurisdiction and applicable law and compared the laws in Iraq to those in the European Union (EU). The objectives include to find solutions to the current problems in Iraq and to propose recommendations for improvement in this area of law. This study adopted the doctrinal approach in assessing the law which was corroborated by interviews with key figures specialized in the field of private international law in Iraq. Analytical, historical, comparative and thematic methods were employed in analyzing the data for this study. The study found that the current Iraqi legal framework does not provide appropriate protection to consumers who involve in international electronic contracts. This study recommends the Iraqi government to adopt a comprehensive legal framework as taken by the EU to address the issues of consumer protection in international electronic contracts as to guarantee better protection for consumers in this field. As such, amendment to the existing law is necessary including modifications to the ICL, Iraqi Electronic Signature and Transactions Act, and Iraqi Consumer Protection Law, so that Iraqi consumers will be equipped with appropriate legal protection when they carry out international transactions electronically

Consumer protection in e-commerce: Some notes on the Iraqi Electronic Signature and Transactions Act

Inany electronic contract (e-contract) transactions, confidence is considered as a paramount importance for the parties involved. The legal protection for the consumer all stages of e-contract are crucial particularly to avoid any unfair conditions that may be imposed by the dominant party towards the consumer who usually considered as a weaker party in the contract. Given the nature of e contract,the risk posed to consumer is greater than the risk in the traditional trade because the scope of e-commerce is more comprehensive and broader.The aim of this paper is to examine the extent of confidence provided by the Iraqi law to protect consumer in e-contract transactions under its Electronic Transactions Act.The methodology used in this paper is a pure library research focusing mainly on primary and secondary sources. As comparison, there are claims of the adequate protection for the consumer in the electronic contracts in the European Union included in the European directives such as the requirement of informing the consumer in his language, the right to withdraw from the contract and the right to obtain the information. Hence, this paper attempts to demonstrate that the Iraqi’s Electronic Transactions Act lacks these basic rights,and needs further improvements to offer better protection to the consumers

The Legal Challenges of International Electronic Contracts in Iraq

The electronic commerce activities raise emerging legal challenges and problems based on the existing legal systems in Iraq. The traditional commercial relations make the commercial activity on the basis of offer and acceptance relies on the commitment of the seller. For example, to deliver the sales physically and the buyer has to pay the price either in cash or by using tools that are alternative to direct payment-in cash through trade securities or other means of conventional banking fulfillment. However, it is a different story in relation to electronic commerce transactions. The difference is not only in the concept of the commercial activity but also in the tools of its practice and the nature of relations arising under its umbrella. Most activities in the e-commerce activities is carried out online i.e. through the internet or information network. The use of technology is dominant, creating new challenges against the existing legal systems in Iraq. The aim of this article is to study the challenges and problems with regards to electronic contracts in Iraq. It is found that the current law governing the e-commerce in Iraq is the main obstacle for Iraqi consumers to conclude such contracts despite growing importance of e-commerce contract among Iraqis in their daily life. The article suggests amendment to the current legislation governing e-commerce to facilitate the growth of online transaction in Ira