The contract between the attendees and its privacy in the contracts of e-commerce.
Abstract
The choice of this subject, such as the luxury of intellectual, but there were several reasons we've gone to his choice, and focus the problem of research on the variation in the position of Islamic theology and Iraqi legislation on certain issues pertaining to the subject, as well as the lack of clarity of the specific nature of the contract between the present (Council of the contract) in contracts of e-commerce, is added to the problems resulting from the privacy enjoyed by such contracts. The hypothesis-based research on: Is that the contracts are such as the contract between the present or whether it is of such contracts between absent, especially since the Iraqi legislature did not address this issue, and this requires us to compare and measure contract traditional to suggest the special nature of the consideration for the way that are and then urged the Iraqi legislature to provide for the special nature and that an update of the development and to remedy deficiencies in the legislative field of e-commerce contracts. This research aims to highlight the role played by the contract and in particular the agreement between present at the contracts of e-commerce, not to mention that the research aims to reach a standard that can be guided by it to determine what is a contract between present and what is a contract between absent with respect to contracts of e-commerce. And illustrate the problems raised by such a contract and how to solve them. And we determined that this contract may take the form of contract between the contracting parties were present if the direct contact or contract between absent if they are not in direct contact as in the contract via e-mail. .
References
- Fifth: Laws1. Iraqi Civil Law No. (40) of 1951 as amended.2. The Egyptian Civil Code No. (131) of 1948 as amended.3. The Syrian Civil Code No. 84 of 1949 as amended.4. UNCITRAL Model Law on Electronic Commerce of 1996, adopted by the United Nations Commission on International Trade Law and promulgated by the General Assembly of the United Nations in 1996 (No. 51/162).
- Fourth: Theses and Theses1. Ayed Rashid Ayed Al-Marri, The Authenticity of Modern Technology in Proofing Commercial Contracts, Ph.D. Dissertation presented to the Faculty of Law, Cairo University, Cairo, 1998.2. Lama Abdullah Sadiq Salhab, Electronic Contract Board, Master Thesis submitted to the Faculty of Graduate Studies, An-Najah National University, Nablus, Palestine, 2008.
- Sixth: Internet Research1. Prof. Ahmed Sharaf El-Din, positive and acceptance in electronic contracting and settlement of disputes, research published on the website: www.arablawinfo.com2. Rebhi Al-Jedaily, Ruling on Contracts by Modern Communication, 2004, research published on the Internet: www.ao-academy.org/docs/hokom27072010.doc3. Dr. Abdullah bin Ibrahim bin Abdullah Al-Nasser, electronic contracts, research published on the website: dc129.4shared.com/download/Na-EHwsM/_online.do4. Firas Fadhil Al-Shatti, conclusion of the electronic contract, Kuwait Institute for Judicial and Legal Studies, research published on the website: http://www.e-kutub.ru/ Books / Law / Conclusion-Contract-Electronic