The Consent in Contracting By Electronic Means With A Professional Party According to the New rench Law of Contract of 2016-An Analytical Comparative Study With the Iraqi Law

This research is concerned with studying the consent incontracting by electronic means with any person in general، and witha professional in particular، in the light of the french civil code،amended by the ordinance no.2016-131 dated february 10، 2016concerning reforms of the law of contract، general regime and proofof obligations. the study is aimed at the benefit of the iraqi law fromthe special rules of the new french law of contract as exemplary rules،concerning the expression of the consent in contracting by electronicmeans، particularly with a professional. the problem of the study liesin how to fill the gaps in both the iraqi civil law no.40 of 1951، andthe law of electronic signature and electronic bargains no.78 of 2012regarding the up-to-date requirements and modalities of the consentin contracting by electronic means، and its components of the offerand acceptance. to achieve this aim، the study adopts the comparativeanalytical methodology of legal research. the most significantfindings that the study reached are the considerable shortage of thelegal regulation and the rules concerning the consent in contracting byelectronic means in the iraqi civil law، as compared to the detailedregulation of this topic in the french law of contract. finally the studysuggested many recommendations to the iraqi legislator to follow suitthe new rules of the french law of contract particularly the article(1127).