Evaluating the possibility of harmonizing the regulations governing electronic contracts with international regulations.

Subject Areas : Journal of Law and Politics

elahe  ekrami ¹ (graduated with a master s degree in private law. varamin university.)
SHOKROLAH  NIKVAND ² (استادیار گروه حقوق، واحد ورامین – پیشوا، دانشگاه آزاد اسلامی، ورامین – پیشوا، ایران. (نویسنده مسوول): [e-mail])

Received: 2022-12-26 Accepted : 2023-04-05 Published : 2023-02-20

Keywords: obligations of the seller, unification of regulations, validity of the offer, Electronic Contracts,

Abstract :

In some articles of the electronic commerce law, rights and obligations for the buyer and the seller are considered, which are different from the articles of the civil law in this case. According to Article 33, the seller must state her identity and brand name, address, e-mail address, validity period of the offer and terms of cancellation in her offer, while according to the civil law, none of these cases are the responsibility of the seller. The purpose of this research is to investigate these differences and their causes, weak points or strength, and how to combine laws in some cases. The research method in this article is descriptive and analytical, and method of collecting information is library. Considering the non-personality and additional nature of electronic contracts and the possibility of their internationality, the law of electronic commerce has been prepared by adapting the international model laws in order to unify the regulations and harmonize most of the countries. Based on this, despite the terms of termination in these contracts, there is no place to invoke the civil law termination cases. Also, electronic documents such as normal and official documents are recognized as valid. It is appropriate for the judiciary to step in this direction.