The Law Applicable to the Electronic Medical Consultation Contract: (A Comparative Analytical Study)

Volume 11 , Issue 2 , December 2023 , Pages 165-188

Authors

Zuber Mustafa Hassan 1

1 Department of Law - College of Law - University of Sulaimani, Kurdistan Region, Iraq

DOI logo 10.17656/jlps.10245

Keywords

Abstract

The subject of this study is the law that applies to contracts for electronic medical consultations which is one of the significant contemporary legal concerns relating to human physical safety. In view of the importance of medical advice and the need for it, especially at the present time, which is characterized by the presence and prevalence of different types of diseases, a new contract formula has emerged between the medical advisor on the one hand and the consultation seeker, on the other hand, the electronic medical consultation contract as one of the legal mechanisms to obtain the intended medical advice. As it achieves the convergence of the interests of each of its parties, which traditional contracts may not be able to achieve. The emergence of this form of contracts requires the development of legal rules for it to facilitate the resolution of disputes raised in it, and knowledge of the law that the judge must apply, especially since the Iraqi legislator did not organize this contract in a special legislative organization. As well as specifying the applicable law. The aim of this study is to determine the law that governs the contract under study if it includes a foreign element, that is, if it takes on an international character, in order to reach knowledge of the legal rules that apply to it. On that, otherwise it is the law of the place of execution of the contract, and after that the law of the common domicile. By conducting this study, we aim to provide clarity and insight into the legal framework that governs contracts with a foreign element. The objective of this study is to identify the governing law for contracts that involve a foreign element, thereby acquiring a comprehensive understanding of the legal regulations that apply to such contracts. In essence, this pertains to contracts that have an international character. In the absence of such a foreign element, the governing law would be that of the place where the contract is executed. If this is not applicable, then the law of the common domicile would be considered.

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  • Published at15 December 2023

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