The Legal System of the Electronic Administrative Contract is a Comparative Study of Iraq, Egypt and France

Author:
Mohanad Ismaaal Hussain Al-Janabi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mohsen Malek Afzali

In this study, we have explained the legal system and the concept of the electronic administrative contract, its advantages and objectives, how to conclude the electronic administrative contract for the comparative countries in Iraq, Egypt and France, and what are the methods of proving the electronic administrative contract and settling its disputes and the position of legal jurisprudence and the judiciary from it. The electronic administrative contract and the means used to prove the administrative contract. We also explained in the content of this message the exceptional conditions associated with the privileges of the public authority in the comparative countries. We also talked about the principles and methods that govern this and what the desired requirements are In the terms of electronic documents for proving the electronic administrative contract, as well as the writing conditions for the statement of the issued electronic contract and the terms of the electronic signature in terms of the signer and signature in the comparative laws of this messageAnd the importance of this study comes through the spread of information and communication technology, which has brought about a rapid development in legal texts and terminology because the electronic administrative contract is considered one of the very important topics in the future.The problem of the study is that the Iraqi law did not adequately address the electronic administrative contract, as well as the applications and judicial decisions issued regarding this contract. Therefore, we faced difficulties in the lack of references and specialized sources in this study. And the most important findings that we reached is the lack of Iraqi laws in the absence of a specialized law in the electronic administrative contract, and the absence of courts specialized in these contracts in particular and the administrative contract in general, similar to the French and Egyptian law, which have administrative courts specialized in disputes and their settlement by electronic administrative contracts. The issues of administrative contracts in Iraq are the ordinary courts. In the field of electronic signature, the Iraqi law is very similar in terms of proof, recognition and adoption of electronic transactions with comparative countries.