Law applicable to the contract of sale by international electronic auction (comparative analytical study)
Journal of college of Law for Legal and Political Sciences,
2018, Volume 7, Issue Issue 26 part 2, Pages 1-32
AbstractThe auction contract is one of the most important electronic contracts that are held through the Internet for what it provides the electronic auction sites of various options and wide range of goods and services in an easy contract. The online auction being done by modern means differs from the traditional auction, the most important difference lies in determining the applicable law and the competent court for disputes arising from electronic auction contracts, in most cases, the parties of the international contracts are located in different countries. The seller is resident in a country, the buyer resides in a second country and the owner of the electronic page is from a third country. Therefore, there must be legal rules to suit the importance of this type of contracting. As most of the general rules the traditional include the rules of attribution contained in the Iraqi Civil Law of 1951 and other relevant laws are not valid to govern all aspects of these contracts and disputes. Therefore, there is a legislative absence in Iraq with regard to the organization of electronic auction. Wherefore, our research focused on finding a legal framework for such contracts, as well as finding new support regulations that are consistent with their respective characteristics and provide effective protection to consumers and customers in such contracts. The option is to apply the law of the will of the parties to the contract; however, if this law is against the consumer's interest or against the national public policy, the consumer's residence law (buyer) is applied to auction sales on the Internet.
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