LEGAL CHARACTERISATION OF THE ELECTRONIC MEDICAL CONSULTATION CONTRACT

Abstract

This research deals with one of the important contemporary legal issues related to human physical care, which is the legal characterisation of the electronic medical consultation contract, which requires legal rules to regulate it, and in a way that provides legal protection for the consultant. Given 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. As a result, a contract formula has emerged through which the medical advisor on the one hand and the advisor on the other hand can both benefit from this advice. And, that is represented in the electronic medical consultation contract as one of the legal mechanisms to achieve this end. Equally this contract achieves the convergence of the interests of each of its parties, which traditional contracts may be unable to achieve.

The emergence of this form of contracts requires setting legal rules for it, and facilitating the resolution of disputes raised in regards to such contracts; especially since the Iraqi legislator neither organize nor provide for this contract in a special legislative organization.

The aim of this study is to determine the exact legal description of such contracts in order to develop legal rules that apply to it, and then secure the rights and obligations of the parties, especially the weak party in the contract who is the advisor. Further, such contracts are not included in the so-called contracts regulated in the civil law code, such as the agency contract, the contract for the sale of services, and the contract of work and contracting.