The Consent in Contracting By Electronic Means With A Professional Party According to the New French Law of Contract of 2016-
An Analytical Comparative Study With The Iraqi Law
DOI:
https://doi.org/10.35246/5rta1645Keywords:
Consent, Electronic means, Professional Party, Amendment, Offer, AcceptanceAbstract
This research is concerned with studying the consent in contracting by electronic means with any person in general، and with a professional in particular، in the light of the French civil code، amended by the ordinance No.2016-131 dated February 10، 2016 concerning reforms of the law of contract، general regime and proof of obligations. The study is aimed at the benefit of the Iraqi law from the special rules of the new French law of contract as exemplary rules، concerning the expression of the consent in contracting by electronic means، particularly with a professional. The problem of the study lies in how to fill the gaps in both the Iraqi civil law No.40 of 1951، and the law of electronic signature and electronic bargains No.78 of 2012 regarding the up-to-date requirements and modalities of the consent in contracting by electronic means، and its components of the offer and acceptance. To achieve this aim، the study adopts the comparative analytical methodology of legal research. The most significant findings that the study reached are the considerable shortage of the legal regulation and the rules concerning the consent in contracting by electronic means in the Iraqi civil law، as compared to the detailed regulation of this topic in the French law of contract. Finally the study suggested many recommendations to the Iraqi legislator to follow suit the new rules of the French law of contract particularly the article (1127).
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References
First: The Legal Books in Arabic
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Second : The Legal Books in English
i. John Cartwright & Simon Whittaker. The Code Napoléon rewritten, French contract law after the 2016 reforms. Hart Publishing Oxford. 2017.
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third: The Legal Books in French
i. Alain Bénabent. Droid Civil Les Obligations. Troisième edition. Montchrestien Paris. 1991.
ii. Annick Batteur. Droit Civil Des Obligations, Les Annales Du Droit. DALLOZ. . 2017.
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viii. Jean Louis Halperin. The French Civil Code. Translated by Tony Weir. University College London (UCL) Press. 2006.
ix. Philippe Malaurie et Laurent Aynès. Droit Civil. Les contrats spécieux. DEFRENOIS, Edition juridique associées. 2003.
x. Stephanie Porchy-Simon. Droit Civil. 2e anée .Les Obligations. Hypercours & Travaux dirigés. Dalloz. 2018.
xi. Vincent Gautrais. Le Contract électronique international: Encadrement Juridique. 2e édition. Academia Bruylant. 2003.
Fourth: The Laws
i. The French law of Contract amended by the ordinance n° 2016-131 dated February 10, 2016, concerning reforms of the law of contract, general regime and proof of obligations. .
ii. The Iraqi civil law No 40 of 1951.
iii. The Iraqi law of electronic signature and electronic bargains No. 78 in 2012.
Fifth: The Legal Studies& Reports
i. Dan E. Stigall. Iraqi Civil Law: Its Sources, Substance, and Sundering. Journal of Transnational Law & Policy. Volume 16. Number 1.2006.
ii. Mustafa Mekki. France - The French Reform of Contract Law: The Art of Redoing Without Undoing. Journal of Civil Law Studies. Volume 10. Number 1. 2017.
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