The problem of the electronic contract and determining the applicable law in Iraqi and French legislation (a comparative study)
Author: Ala’a Mizher Mehdi
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Abstract:
The data message exchanged by the two parties to the contractual relationship is the one that is reliable in proving the legal act concluded electronically, so we will address the definition of the electronic contract through what was mentioned in the UNCITRAL Model Law and the Arab Electronic Transactions Laws. Article 1 of the 1996 UNCITRAL Model Law on Electronic Commerce stipulates The definition of a data message is: “Information that is generated, sent, received or stored by electronic, optical or similar means, including but not limited to electronic data exchange, e-mail, telegram, telex or telecopy.”
And some jurisprudence defines the contract through an electronic data message as, electronic information sent or received by electronic means, whatever the method of extracting it in the place in which it was received. This definition also gave the electronic editor a wide scope so that it was not limited to the Internet, but permitted that by other electronic means, such as a data message sent by fax or telex or any technical means available in the future ().
Keywords: electronic contract, legal adaptation, applicable law, Iraqi legislation, French legislation.