Legal Regulation of E-Companies in Iraqi Commercial Law
Keywords:
Legal organization, electronic companies, trade, contract, controlAbstract
By examining the legal organization of electronic companies in the Iraqi Trade Law No. (30) of 1984, the research problem is related to the fact that electronic partnership is based on personal interests, and therefore it is necessary to oblige all electronics companies whose headquarters or one of their branches is located in Iraq to register in the companies registry at the Companies Registration Office of the Iraqi Ministry of Trade, and legal regulations must be put in place that stipulate that the provisions related to registering the electronic company that is done remotely by creating the necessary technical and technical regulations, and for this purpose it is necessary to put in place a legal mechanism, to hold the electronic company that refuses to register responsible and impose criminal and legal penalties against it, in addition to codifying the provisions related to the electronic company within the framework of the law, and in order to bridge the legislative gap in this area, a legal system must be available that is different from the traditional company, and through the descriptive analytical research method, monitoring electronic companies is very important, and is of multiple and different types, and monitoring can be done remotely, through a set of procedures that can provide electronic monitoring of the websites of electronic companies, and the legal organization of the electronic company differs in terms of consideration, so whenever the company is a personal company, the personality of its members will be taken into consideration, and quite the opposite if it is a money company The personality of its members is based on objective and financial considerations.
References
References
First: Arabic Books
Ibrahim Al-Munji, The Legal Regulation of the Technology Transfer Contract and Electronic Commerce, 1st Edition, Mansha'at Al-Ma'arif, Alexandria, Egypt, 2002.
Ibn Manzur, Abu Al-Fadl Jamal Al-Din Muhammad bin Makram Al-Afriki Al-Misri, Lisan Al-Arab, "Letter of Sheen", Dar Al-Ma'arif, Cairo, Egypt, no publication date.
Ahmed Mukhtar Abdel Hamid, Dictionary of Contemporary Arabic Language, Alam Al-Kutub, Egypt, 1st Edition, 2008.
Akram Abdul Wahab, Electronic Commerce: The Fastest Way to Success and Wealth, Ibn Sina Library, Egypt, 2004.
Elias Nassif, The Electronic Contract in Comparative Law, International Contracts Series, Al-Halabi Legal Publications, Beirut, Lebanon, 1st Edition, 2009.
Amanj Rahim Ahmed, Consent in Electronic Contracts over the Internet, Dar Wael Publishing and Distribution, Amman, Jordan, 1st Edition, 2006.
Bassem Mohammed Saleh, Commercial Law, Legal Library for Publishing, Baghdad, Iraq, 2006.
Bahaa Shahin, Globalization and Electronic Commerce, Dar Al-Farouk Al-Haditha, Cairo, Egypt, 1st Edition, 2000.
Tawfiq, Jamil Ahmed, Business Management, Dar Al-Nahda, Beirut, 1986.
Jalal Ali Al-Adawi, Sources of Obligation: A Comparative Study, University House, Cairo, Egypt, 1994.
Al-Dhahabi, Jassim Mohammed, and Al-Azzawi, Najm Abdullah, Principles of Public Administration, Baghdad, 2005.
Raafat Radwan, The World of Electronic Commerce, Arab Organization for Development, Cairo, Egypt, 1999.
Samir Al-Loqmani, The World Trade Organization, Dar Al-Hamed Publishing and Distribution, Amman, Jordan, 1st Edition, 2003.
Samir Abdul Samee Al-Ouden, The Electronic Contract, Mansha'at Al-Ma'arif, Alexandria, Egypt, 2005.
Al-Sayed Ouda, Electronic Commerce and Scientific Marketing Skills, Dar Al-Ameen, Cairo, Egypt, 1st Edition, 2002.
Saleh Al-Manzalawi, The Applicable Law for Electronic Commerce Contracts, Dar Al-Jami'a Al-Jadida Publishing, Alexandria, Egypt, 2008.
Dhurgham Mohammed Saleh, Basics of Electronic Commerce, no publisher, Amman, Jordan, 1st Edition, 2005.
Alaa Aziz Hamid Al-Jubouri, Provisions for the Electronic Processing of Securities Accounts: A Legal Study, Modern University Office for Publishing and Distribution, Alexandria, Egypt, 2019.
Ali Mohammed Hussein, Administrative Oversight in Islam: Principles and Application, Dar Al-Thaqafa for Publishing and Distribution, Cairo, Egypt, 1985.
Omar Khalid Zreiqat, Internet Sale Contracts: An Analytical Study, Electronic Commerce Contracts Series, Dar Al-Hamed Publishing and Distribution, Amman, Jordan, 1st Edition, 2007.
Farouk Ibrahim Jassim, Summary of Commercial Companies, Legal Library, Baghdad, Iraq, 2nd Edition, 2006.
Fanyambadi, A. R. (2011). Dictionary of loanwords in modern Arabic and its dialects. Dar al-Qalam.
Sami, F. M. (2010). Commercial companies (2nd ed.). Ithra for Publishing and Distribution.
Al-Fioumi, A. B. M. B. A. (1987). Al-Misbah al-Muneer: Book of Shin. Lebanon Library.
Komani, L. J. (2015). Commercial companies. Al-Sanhouri Library.
Arabic Language Academy. (2011). Al-Ma'ani Al-Mu'asser Dictionary (5th ed.). Cairo, Egypt.
Arabic Language Academy. (2004). Al-Mu'jam Al-Waseet (Shin section) (4th ed.). Al-Shorouk International Library.
Al-Mazajji, A. B. D. A. (2000). Introduction to Islamic administration (1st ed.). Jeddah.
Hisham, M. K. (2000). Problems of electronic sales via the internet. Dar Al-Nahda Al-Arabia.
Manani, F. (2009). The electronic contract as a modern means of proof in Algerian civil law. Dar Al-Huda for Printing, Publishing, and Distribution.
Najm, N. A. (2004). Electronic management: Strategy, functions, and problems. Al-Mareekh Publishing.
Qandeel, N. A. (2004). E-commerce: A guide for the modern manager: A marketing perspective. Suez Canal University.
Hajar, W. S. (2001). Electronic proof. Dar Sader.
Al-Jubouri, Y. M. (2002). Al-Mabsut in explaining civil law (Vol. 1). Wael Publishing, Amman.
Theses and Dissertations
Makhloofi, A. W. (2012). E-commerce via the internet (Doctoral dissertation, University of Lakhdar, Faculty of Law and Political Science, Batna, Algeria).
Journals and Magazines
Mjidoub, O. (2022). Ghina Batli, The electronic company contract. Journal of Political Science, University of Khenchela, 9(1), 976.
Al-Saadi, J. H., & Abd Al-Wahab, M. (2017). The modern concept of the party in a contract. Journal of Legal Sciences, College of Law, University of Baghdad, 32(1).
Khod Moissa, J. (2010). Digital economy and banks' responses to new challenges. Oases Journal of Economics, Business, and Management Sciences, University of Ghardaia, 10.
Al-Shammari, H. H., Fajja, S. M., & Aziz, W. T. (2020). The principle of referral to Islamic jurisprudence. Al-Qadisiyah Journal of Law and Political Science, College of Law, University of Qadisiyah, 11(2).
Ghoneim, R. A. (2000). The role of the Arab League in facilitating trade exchange. Paper presented at the First Arab League Conference on Trade Exchange.
Al-Saghir, Z. G. A. J. (2009). Electronic companies and their legal nature. Al-Rafidain Journal, College of Law, University of Mosul, 11(39).
Anjad, A. S. H. (2013). Taxation of electronic companies. Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, 2(6).
Bakr, A. M. (2016). The right of the guarantor to demand the liquidation of the debtor's assets: A comparative study. Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, 5(18), 2.
Al-Shammaa, F. M. (2000). E-commerce. Legal Studies Journal, Legal Studies Department, House of Wisdom, 2(4), December.
Omar, M. A. H. (2000). E-commerce from an Islamic perspective. Paper presented at the Center for Islamic Economy, Al-Azhar University, Cairo, Egypt.
Laws and Regulations
United Nations Commission on International Trade Law (UNCITRAL). (1996). Model law on electronic commerce (UN Doc. A/51/17).
Iraqi Trade Law No. 30. (1984). The Trade Law of Iraq (as amended).
Iraqi Electronic Signature and Electronic Transactions Law No. 78. (2012). The Law on Electronic Signatures and Electronic Transactions in Iraq.
Iraqi Companies Law No. 21. (1997). The Companies Law of Iraq (as amended).
Iraqi Civil Code No. 40. (1951). The Civil Code of Iraq (as amended).
Iraqi State Employees Disciplinary Law No. 14. (1991). The Law on State Employee Discipline in Iraq.
