The New Trend in Determining an International Standard for Crowdfunding Contracts: A Comparative Study

Abstract

Crowdfunding is one of the most important operations that contribute to providing innovative financial services. Also, it is an alternative financing channel that complements traditional channels. Besides, it a means of financing projects by the public, by collecting funds; often of low value, from large numbers of individuals in order to support innovation during project financing. This type of financing involves the use of (electronic platforms) to connect directly between the project owner (the founder) and the financier (the audience of supporters). Accordingly, the essence of the idea of crowdfunding is a process or mechanism to increase monetary contributions from a large number of people, where each person gives a small amount, rather than collecting large amounts of money from a small group of supporters, thus contributions are collected from several online supporters, without traditional financial intermediaries - government institutions - what crowdfunders get for their money depends on what kind of crowdfunding model is being used to collect the money, as compensation for financial risk.

Therefore, this study aims to shed light on crowdfunding and research in a statement on the extent of the internationality of the crowdfunding contract at a time when the Iraqi legislator is still far from organizing this issue. The researcher concluded through his study that the electronic space is just a new means, which does not make the electronic contract a unique one, so it does not, in fact, deviate from the context of international contracts in its construction, composition, types and content. Further, it is subject to regulation of the provisions contained in the international contract. Although the model form is one of its characteristics, it is not a requirement which leads as a result to the absence of a positive or inverse relationship between the form that the electronic contract takes and the international feature. The researcher recommended that the Iraqi legislator pay attention to international agreements that facilitate the application of the idea of crowdfunding, and the actual need to join and ratify those agreements in a way that provides a legal environment capable absorbing and implementing the idea of crowdfunding.