القانون الواجب التطبيق على عقود الاستهلاك الإلكترونية الدولية

Abstract

Due to the growing phenomenon of international electronic consumption, the problem of the law applicable to international electronic consumer contracts has arisen. The research aims to determine the law applicable to these contracts, whether of an objective or conflictual nature, in order to achieve possible protection for the electronic consumer. The study used the descriptive and comparative approach, and the research plan was organized. In the introductory requirement, what is international electronic consumption contracts, and the first topic is the law applicable to international electronic consumption contracts through the attribution approach, and the second topic is the law applicable to international electronic consumption contracts through the implementation of the material and necessary rules approach, and the research concluded with results, the most important of which is that modern trends It adopted the application of the law of will rule on international electronic consumer contracts, provided that it does not conflict with the rule of law that is best for the consumer or the law of the consumer’s place of residence, otherwise the law of will would be excluded, even though the previous principle was stated absolutely in the Rome Regulations of 2008 AD and restricted in Article 5/2 of the Rome Convention of 1980 AD. It can be said that Article (38) of the Yemeni Consumer Law of 2008 adopted the law that is best for the consumer, and the application of the distinguished performance officer to electronic consumer contracts is unacceptable as it leads to the application of the seller’s law, and the physical rules of electronic commerce and the police rules contained in the consumer law must be applied with priority over the attribution approach. The internal general system of each country related to the contract must be applied, and the research recommended restricting the law of will so that it does not conflict with the law officer that is best for the consumer or the law of the consumer’s place of residence and the approach of police laws in providing protection for the consumer.