Date of Defense
15-4-2024 11:00 AM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Private Law
College
College of Law
Department
Private Law
First Advisor
Dr. Noori hamad khater
Abstract
Among the effects of technological development is that it has brought about important changes in the processes of communication between people, especially in the field of concluding contracts, as sales contracts are among the most contracts concluded through modern means of communication and Internet networks, due to their speed, which made the consumer accept to conclude the contract with The supplier (or seller) without thinking in order to acquire the good or service sold, and the consumer may rely - only - on photographs and the description of the good by the supplier, because such contracts are carried out remotely without a physical connection, and therefore the description of the good or The service is accurate, or the consumer may be deceived by the false advertising and advertising promoted by the provider to attract the consumer As the consumer is considered one of the basic pillars of the entire economic process, cases that represent an attack on consumer rights have increased, especially in consumption contracts that are concluded by electronic means and methods, which requires research into the protection of the consumer from all attacks that fall on him. Many have sought Legislation to provide all types of protection necessary for this consumer during his consumer and contractual transactions. In order to provide protection for the consumer, comparative legislation sought to organize a legal mechanism that protects the consumer in the event that he rushes into concluding such contracts or if the subject of the contract does not match the description or his personal requirements, by regulating the right of withdrawal, which is defined as a tool that allows the consumer to return Regardless of his decision to abide by the concluded contract, and restore the situation to what it was before concluding the contract, without referring to the will of the other party, within a specific period.
Included in
CONSUMER'S RIGHT TO WITHDRAW FROM THE ELECTRONIC CONTRACT
H2-1005
Among the effects of technological development is that it has brought about important changes in the processes of communication between people, especially in the field of concluding contracts, as sales contracts are among the most contracts concluded through modern means of communication and Internet networks, due to their speed, which made the consumer accept to conclude the contract with The supplier (or seller) without thinking in order to acquire the good or service sold, and the consumer may rely - only - on photographs and the description of the good by the supplier, because such contracts are carried out remotely without a physical connection, and therefore the description of the good or The service is accurate, or the consumer may be deceived by the false advertising and advertising promoted by the provider to attract the consumer As the consumer is considered one of the basic pillars of the entire economic process, cases that represent an attack on consumer rights have increased, especially in consumption contracts that are concluded by electronic means and methods, which requires research into the protection of the consumer from all attacks that fall on him. Many have sought Legislation to provide all types of protection necessary for this consumer during his consumer and contractual transactions. In order to provide protection for the consumer, comparative legislation sought to organize a legal mechanism that protects the consumer in the event that he rushes into concluding such contracts or if the subject of the contract does not match the description or his personal requirements, by regulating the right of withdrawal, which is defined as a tool that allows the consumer to return Regardless of his decision to abide by the concluded contract, and restore the situation to what it was before concluding the contract, without referring to the will of the other party, within a specific period.