In recent years, there has been significant development in the methods of concluding contracts, especially with the rise of electronic transactions and digital commerce, making electronic contracts one of the most prominent forms of legally recognized agreements in the modern world. In Iraq, electronic contracts are considered within the scope of the Iraqi Civil Code No. 40 of 1951, which regulates obligations and contracts in general. According to Articles 130, 131, and 132 of the Civil Code, a valid contract must meet three essential conditions: the consent of the parties, a defined subject matter, and the legal capacity to contract. Although these articles do not explicitly mention electronic contracts, the same principles apply, meaning that the parties are obliged to fulfill their contractual commitments. Any breach of contract gives the injured party the right to claim compensation for damages under Articles 170 and 171, whichh stipulate that anyone who fails to fulfill a contractual obligation must compensate the harmed party. To further clarify the legal framework for electronic contracts, Iraq enacted the Electronic Transactions Law No. 78 of 2012, where Article 103 states: "An electronic transaction shall be considered valid and binding if it Is executed through reliable electronic means that can be referenced and verified for authenticity." While this provision provides a legal basis for electronically concluded contracts, it does not specify detailed mechanisms for electronic signatures or linking them to the identity of the signer, leaving a legal gap compared to modern international laws. Practically, electronic contracts have the same legal effects as traditional contracts, including obligation to perform and compensation for breach, and this applies to all types of commercial and service transactions between individuals or institutions. Iraqi laws, such as the Trade Law No. 30 of 1984, allow the use of modern means in concluding commercial contracts, which facilitates the effective use of electronic contracts in economic transactions. Nevertheless, challenges remain, particularly regarding proving the validity of electronic contracts in court and protecting personal data during execution. This calls for further development of legislation that establishes clear standards for reliability and electronic authentication, in line with internationally recognized frameworks such as the U.S. E-SIGN Act of 2000 and the EU Directive 1999/93/EC. In conclusion, electronic contracts represent a modern tool to facilitate civil transactions, while the fundamental principles of the Iraqi Civil Code—party consent, legal capacity, and a clear contract subject—remain the cornerstone for the validity of any contract, whether traditional or electronic. There remains a need to update Iraqi legislation to fully protect civil obligations and grant electronic contracts full legal validity, consistent with international developments. Al-Mustaqbal University – the first university in Iraq.
  SDG4