التنظيم القانوني للوكالة الالكترونية – دراسة مقارنة

The legal organization of the electronic agency (A comparative study

Abstract

Electronic transactions in the contemporary time are among the most complex transactions, as the use of electronic media in contracts via Internet networks is one of the manifestations of development, as it is no longer just a means of exchanging or obtaining information, but rather has a role in commercial activities, the exchange of goods and services, and the completion of deals and contracts. The Internet, with its broad scope, tracks the transactions that are concluded through it, making it difficult for a natural person to follow and keep up with them. The electronic agency plays an important role in completing contracts for commercial transactions for individuals and companies, especially since this agency is important from several aspects. In terms of the theoretical aspect, the research The in-depth study of the electronic agency is a prelude to guiding the Iraqi legislator to the most important points in the electronic agency contract, which distinguish it from what the legislator has regulated within the provisions of the traditional agency, since the world that is coming to technology in organizing all transactions has preceded us in many stages.
As for the practical side, the subject of the research derives the importance of the process from the importance of civil contracts that take place via the Internet, whether those contracts are local or international, and this appears clearly through the effect of increasing the speed of circulation in goods and money by describing the electronic agency as one of the most important legal means of coordination between parties. Contracts and organizing their clauses according to the requirements of the parties after reconciling what their wills desire in the modern world, which leads to the activation of the electronic commerce movement at the international level, as a result of the shift towards the use of electronic means of communication via the Internet, in addition to the fact that the electronic agency is the conclusion of the contract between absent persons, which is usually issued By the parties to whom the effects of this contract are directed, and the parties are represented by this electronic agent on the one hand, and the electronic principal, the other original contracting person, on the other party, as contracting via the Internet is a contract between two people present in time and place, as the two parties represented by the electronic agent and the electronic principal are on Permanent communication is not only through writing, but it goes beyond being an audio-visual means, which is a means that achieves a contemporary virtual presence between the two parties through the Internet, and the electronic agency contract is considered a contract like all other contracts.
It must be subject to the conditions of the validity of the contract and the fulfillment of all its elements, and that the electronic agent is obligated in the electronic agency contract to do what he was assigned to do under the agency contract, in addition to the contractual responsibility falling on him.