الإخلال بِمفاوضات عقد المَشورة القانوني الإلكتروني (دِراسة مُقارنة)

Breach of electronic legal advice contract negotiations (Comparative study )

The negotiation phase of the electronic legal advice contract is one of the most important stages of the formation of that contract for several considerations, the most important of which is that this stage is considered a testing stage, each of the parties to it tests the goodwill of the other, the commitment to the principle of good faith is of great importance in the continuation of the negotiation process and its culmination in the conclusion of the contract under negotiation, so and for the importance of this stage of the electronic legal advice contract and the development of means of communication that the applicant for advice and the required legal advice can use For the purpose of communication and negotiation and the accompanying problems that lead to the result of the aggrieved person going to the courts, and the failure of the Iraqi legislator to organize legislative texts that keep pace with that development, so they were addressed under the title of this study, one of the parties to the negotiation may commit a mistake during the course of the negotiation process that leads to harm to the other party and the question that can be asked in this regard is whether the gravity of the mistake committed by the negotiator has an impact on the assessment of the compensation due to the other party, it can be said that the gravity of the error does not affect In the assessment of compensation, compensation is calculated on the basis of the damage achieved from the fault regardless of the gravity of the error, the negotiator’s commission of the mistake and the achievement of damage to the other negotiator is what obliges liability and then compensation, but what kind of liability is achieved is it contractual liability or tort, in fact there has been a jurisprudential and judicial dispute in this matter, Iraqi jurisprudence calls for the application of the provisions of tort, while Egyptian and French jurisprudence calls for the application of the provisions of contractual liability in the case of Whether the liability achieved is tort or contractual liability, the negotiator of the electronic legal advice contract has the right to sue the wrongdoing party and claim compensation for the actual damage suffered.

As for the reason why we chose this research is because of the great need for urgent legal advice by many people and the great development taking place in the field of technology and social media, and the failure to regulate this by special legislation so as to avoid problems that may occur between the parties to the negotiation and each of the parties knows what to commit to during this stage.