التَّنظيم القانوني للبيع عن طريق التّصفيَّة الموسمية (دراسة مقارنة)

The legal regulation of sale through seasonal liquidation ( A Comparative study )

Selling through seasonal liquidation is one of the types of commercial sales directed to the consumer audience that merchants resort to at the end of each season as an attempt to tempt the consumer and to dispose of goods by announcing real reductions in the prices of goods and services. Most of the countries organizing this type of sale, whether through their commercial laws or through special laws, have emphasized the need to practice selling according to specific conditions, and have imposed on the merchant duties before the start of the sale and far in order to preserve the integrity of this type of sales. These legislations also imposed legal protection for the consumer and the merchant at the same time, since the consumer can claim his rights through the consumer’s contract lawsuit if he is associated with the merchant with a contract, but if he is not bound by a contract and suffered damage from the announcement of the discounts, he is entitled to claim compensation for the damage through a tort lawsuit. This right is also guaranteed to the competing merchant if he is injured by the sale, and there are supervisory bodies that work to protect consumers that differ by name, but their mission is one represented by the Consumer Protection Council in Iraq. We did not find a regulation for it within the effective Iraqi Trade Law No. (30) for the year 1984 or within an independent law other than the previous Iraqi Trade Law No. (149) for the year 1970 in which it was the subject of great interest because it achieves protection for the consumer and the trader at the same time.