أ.م.د. ندى محمود ذنون الأحكام القانونية للمزايدة والمزايدة العكسية) دراسة مقارنة (

Abstract

There are several types of auctions, and each is distinguished from the others in terms of definition, characteristics, and rules. Public auctions can be either traditional or electronic. The purpose of a contract made through auction is to obtain the highest bid for the sale, Hence the term auction, which differs from tender, the purpose of which is to obtain the lowest bid or the best wage.

The Iraqi legislator did not define public auction in the Civil Code, but only regulated a part of the provisions of the contract that is done by it, in Article (89) of the Civil Code, which we find it insufficient to cover all the provisions related to contracts that are done in this traditional way or electronically, which is done by means of an electronic device and on an electronic website. This is something that the Iraqi legislator has not regulated, in addition to not regulating the reverse auction, in which the roles between the seller and the buyer are reversed in light of the new digital transformations, despite it being an exceptional modern method of concluding deals, which takes place through an electronic platform and within a specific time period, so that whoever offers the lowest price that meets the conditions wins, which represents a legislative gap in Iraqi law that should be avoided.