The idea of depriving the subscriber from his mobile phone line when the balance not recharged- study in Iraqi legislation

Abstract

There are mutual obligations that fall on the parties to a mobile phone line contract. A breach by any party of its obligations leads to an impact on the contract, allowing the other party to refrain from performing its obligation. However, the practice in Iraq is completely different, as telecommunications companies do not announce new prices, so the subscriber is suddenly surprised that the prices of telecommunications and text messaging services change without his knowledge. This requires reconsideration and actual regulation by the Iraqi legislator so as not to leave the matter to the desires of telecommunications companies, which also deprive the subscriber of his phone line without his knowledge. We have concluded that the telecommunications company cannot transfer ownership of the mobile phone line without the subscriber’s permission because this leads to problems that harm the subscriber. Accordingly, we suggest the necessity of legislating an act to regulate this issue due to its importance in practice and that there is an urgent need for such an act. If the telecommunications company argues that the subscriber did not recharge on his phone credit, then this will be reject, because this recharge is a personal matter that the telecommunications company has nothing to do. In addition, if the telecommunications company considers the recharge of credit to be the return for the services it provides, it will not provide it when the amount is not placed, so we are faced with each party refraining from implementing its obligation as a result of the other’s same act.