الضمانات المستحدثة لحماية المستهلك في التجارة الإلكترونية

Innovative Guarantees for Consumer Protection in Electronic Commerce: Comparative Study

Abstract

The growing volume of electronic commerce and the increase in the number of internet users worldwide promotes policymakers in many countries to provide legal guarantees to consumers in e- commerce. This is due to the inability of current general rules to provide this type of protection for them .The purpose of this paper is to examine the right to withdraw from a contract as a legal guarantee to the consumer, to indicate the necessity to adopt this right within the consumer protection legislation and e-commerce legislation in Iraq. The choice to view the product’s provisions are examined too in this paper regarding to the Islamic jurisprudence and Iraqi civil law to indicate the extent of protection that ‘the choice to view’ to the consumer in e-commerce. The paper executes the descriptive analytical and comparative approaches in this research. The findings reveal that consumer in electronic commerce can benefit from the protection that ‘the choice to view’ in Islamic Fiqh (jurisprudence) and Iraqi civil law can achieve. Thus, the consumer has the right to withdraw from a contract after seeing the goods and send it back to the seller. In conclusion, they can be reimbursed according to certain conditions. Iraqi legislator can adopt the right to withdraw from the contract in addition to the choice to view to ensure more protection for the consumer.