Special protection Of the buyer in the sale contract-mail

الحماية الخاصة للمشتري في عقد البيع الالكتروني

Zaid Emad al-Moussawi زيـــــــد عمـــاد محسن المـــوسوي --- P.Dr . Iman Tariq AL-Shukri أ . د . إيمان طارق الشكري

AL- Mouhakiq Al-Hilly Journal for legal and political science مجلة المحقق الحلي للعلوم القانونية والسياسية
ISSN: 20757220 23130377 Year: 2015 Volume: 7 Issue: 3 Pages: 75-111
Publisher: Babylon University جامعة بابل


ABSTRACT We have evolved sophisticated means of communication and a tremendous run-up so it is much research and studies that generated them. And that's where contracts become by electronic means . It has become traditional theories of law , particularly in the scope of the contract and the obligations of Ertbh difficult to implement in the world of electronics , which can be the buyer of the contract of sale across the border. Although regarded as a contract of sale electronic selling funky , and then can not afford defects and will ensure exposure and maturity hidden defects and ensure the provision of adequate legal guarantees to the buyer.As well as the growing appetite buyer to conclude the sales contract -mail , has become vulnerable to manipulation reconciliation and guarantees and try cheating and deceiving , where exposed people when they shopped via the Internet for a lot of risk , due to the nature of the means and methods of contracting, based on the technology to connect remotely , which may expose data messages Electronic and credit cards to the risk found by others and steal so we find that shoppers electronically often who feel a sense of fear of piracy , electronic and feel the buyer in the sale contract -mail not to legal protection and do not know the truth about his legal status and feels he will not get the rights arising on the contract and the lack of knowledge of the possibility of the fulfillment of the other party to its legal obligations .The buyer may be exposed in the sales contract for the mail fraud risk as a result of the supply of goods and services and means of communication in a way that gives the impression of not true for those goods and services and the availability of quality.Therefore, the risk of the sale contract -mail is the likelihood of theft of data messages , credit cards and non-availability of adequate security for the rights and obligations of the parties and the possibility of their buyer to cheat , to eliminate these risks must provide the means to protect them, and based on that we will examine the most important of these methods and of encrypted data and the presence of the mediator or entity that conducts the ratification of electronic signature in addition to the buyer's right to reverse the contract and return the goods when they are not in conformity with the specifications agreed upon or when it was flawed through three sections address the former was to encrypt data in the second ratification electronic signature while in the third will address the right to refrain from contract.

ملخص البحثلقد تطورت وسائل الاتصال تطورا هائلا حتى انها سبقت بكثير البحوث والدراسات التي تولدت عنها. وحيث ان إبرام العقود أصبح عن طريق الوسائل الالكترونية . إذ اصبحت نظريات القانون التقليدية لاسيما في نطاق العقد وما يرتبه من التزامات صعبة التنفيذ في عالم الالكترونيات، الذي يمّكن المشتري من ابرام عقد البيع عبر الحدود.


الحماية الخاصة --- عقد البيع الالكتروني --- الحماية الخاصة للمشتري