The Iraqi legislator has made it mandatory for the contract to have the element of consent, in addition to the other elements represented by the subject of the contract and its cause, or the presence of a certain formality for the contract to be established. Legal jurisprudence has distinguished between the subject of the obligation and the subject of the contract. The subject of the obligation is the performance that the debtor undertakes to perform for the benefit of the creditor, and it is either the transfer of a real right or the performance of an act or refraining from performing an act. Conversely, the subject of the contract is the legal process that the two parties intend to achieve by concluding the contract, Mutual consent is an important pillar in the stage of concluding and implementing electronic contracts via the Internet. This study addressed new methods that enhance the traditional methods relied upon by parties when concluding their contracts. Therefore, when we encounter a scientific or technical development, we resort to linking it to the law to confront the practical problems that may arise for contracting parties due to these modern contracts in the legal reality with the revolution of this development. Therefore, it is necessary to develop new methods that enhance the traditional methods relied upon by parties when concluding their contracts via electronic means. Since the sales contract is a binding contract for both parties, it creates reciprocal obligations for parties in electronic contracts. There are obligations on the part of the seller related to the sale, and corresponding obligations on the part of the buyer, which is to pay the price, Under French Civil Code, a contract is binding on both parties when the contracting parties mutually commit themselves to each other reciprocally. A contract is consensual when it is concluded by mutual consent between the parties, in any way. Thanks to the diverse and distinct services provided by the Internet today through the transfer of data between parties, new mechanisms for negotiation, both during and after the negotiation phase, have emerged to conclude electronic contracts. All of this has created a space for contracts called "remote contracting" or "online contracting." However, this cannot be spun out of the traditional general rules governing the conclusion of contracts. Adherence to general rules in every era of technological development via the Internet makes these contracts distinct in many aspects and more robust.