The right to terminate contracts covered by the e-commerce law

Subject Areas : Journal of Law and Politics

SHOKROLAH NIKVAND ¹ , Habib Asady ²

1 - Assistant professor Department of private law , Faculty of human science and law, Varamin, Islamic Azad University, Tehran, Iran.
2 - Assistant professor,Department of law,Faculty of humanities,Ahar Branch,Islamic Azad university,Ahar,Iran.

Received: 2022-02-02 Accepted : 2022-02-22 Published : 2022-03-21

Keywords: right of termination, consumer, E-Commerce Law, Options,

Abstract :

In contracts, either party can terminate the contract based on one of the options of civil law. Most of these options can be found in all contracts. In this article, the author seeks to answer the question of whether in e-commerce contracts that are subject to special law, one of the parties can invoke one of the options of civil law to terminate the contracts? In this regard, the works of some available authors were reviewed and they followed the view that civil law options are among the general rules of contracts and can be applied in electronic contracts .Examining and comparing the options of civil code and the article of the electronic commerce law and considering the special features of these contracts and the various powers that the legislator has considered for termination, it seems that in electronic contracts the parties have no right to invoke the options of the civil code, because in the law of electronic commerce, there are cases of termination in a desirable and sufficient way. therefore the types of termination right in these contracts are just the ones mentioned in the electronic commerce law.