Determining the Time and Place of E-Contract Formation: A Comparative Study between UNCITRAL Model Law and Iraqi Law

Abstract

Abstract: Under contract law, the date and place of formation carry significant legal implications. In electronic contracts, the timing and location of dispatching and receiving electronic messages are crucial for establishing contract formation. Currently, the Iraqi Electronic Signatures and Transactions Law contains specific provisions regarding this formation stage. However, to meet current legal and economic expectations aligned with emerging technologies, these dispatch and receipt provisions require modification. The purpose of this article is to offer legal recommendations for regulating the time and place of dispatch and receipt. Adopting a comparative analytical methodology, this study investigates the legal implications of contract formation under Iraqi law. The research identifies flaws in the concepts of dispatch and receipt, including legislative gaps. Furthermore, it concludes that current laws do not adequately address the legal challenges posed by modern technologies, such as the Internet.