Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law

Syed Abolhasan Mosavi, Abdolmohammad Afrogh

Abstract


Cyberspace is considered as one of the most modern means for conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of creditability, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Act and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations at contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.

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DOI: https://doi.org/10.5539/jpl.v10n1p32

Copyright (c) 2016 Syed Abolhasan Mosavi, Abdolmohammad Afrogh

License URL: http://creativecommons.org/licenses/by/4.0

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