Abstract

Legal implications in various fields of e-commerce transactions are described by means of e-commerce from one of the parties and through the transaction implemented by Internet. Online contracts are a manifestation of true innovation in the field of traditional legal agreements. The main issue of concern is the lack of tools has traditionally been used to express the will of the contract.The lack of legal grounds to use in e-commerce, such as: Expert of judges, the admissibility of electronic documents, electronic signatures, the principle of good faith, law of consumer protection, commercial and competition law and how to compensate both material and spiritual is the most important challenge of the country's legislative system. The most important distinction between the Iranian and French law is on the implementation of its damage compensation that in French law is detailed discussions covering the damages due to breach of contract litigation is not compensable.But the other hand, moral damages, such as mental anxiety, loss of credibility and like that is compensable, while this is not done in Iran. Experience of law between Iran and France showed a weak pattern in consumer protection in e-commerce contracts. In this cross-sectional study to evaluate the role of trade in remote transactions and its effect on Iran and France in damage compensation from the legal perspective.

Highlights

  • Lack of take advantage of e-commerce means losing opportunities fleeting moment in global trade, alienate weakening competitive position in international trade. The growth of this business is beside numerous legal issues in the context of the rules governing the contract, transnational competencies, governing Law and Evidence to find an answer as a necessity in the legal systems

  • Lack of take advantage of e-commerce means losing opportunities fleeting moment in global trade, and alienate weakening competitive position in international trade. Knowing these facts, has led different countries to the development of electronic commerce; but the growth of the business leads to numerous legal issues in the context of the rules governing the contract, transnational competencies, governing Law and Evidence to find an answer as a necessity in the legal systems

  • The principle contained in Article 5 of the Civil Code (Article territorial laws) we basically competent Iranian law, unless otherwise is stated

Read more

Summary

Introduction

Lack of take advantage of e-commerce means losing opportunities fleeting moment in global trade, alienate weakening competitive position in international trade The growth of this business is beside numerous legal issues in the context of the rules governing the contract, transnational competencies, governing Law and Evidence to find an answer as a necessity in the legal systems. Lack of take advantage of e-commerce means losing opportunities fleeting moment in global trade, and alienate weakening competitive position in international trade Knowing these facts, has led different countries to the development of electronic commerce; but the growth of the business leads to numerous legal issues in the context of the rules governing the contract, transnational competencies, governing Law and Evidence to find an answer as a necessity in the legal systems. The safety measures and conditions of the contract and the work associated with it, according to domestic law (Iran) and external (France) analytical methods will be discussed

E-commerce
Law of E-commerce
The Role of E-Commerce Transactions Remotely in Iran and France
Law Governing the Contract
Law Applicable to Contractual Obligations
Legislation Governing Electronic Contracts
Constraints on the Implementation of Electronic Contracts
Scope of the Provisions of the Convention and the Regulation
Obligations under the Transaction Documents
Discussion and Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call