Laws governing electronic contracts from the perspective of Imami jurisprudence and the subject law of Iran

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

rahim abdoli ¹ , Tayeb Afsharnia ² , Alireza Rajabzadeh ³

1 - PhD student in Private Law, Islamic Azad University, UAE Branch
2 - Assistant Professor, Law Department, Faculty of Humanities, West Tehran Branch, Islamic Azad University
3 - Assistant Professor, Raja Qazvin University

Received: 2022-06-21 Accepted : 2022-09-18 Published : 2022-09-23

Keywords: Contract, Imami jurisprudence, Governing laws, e-commerce law,

Abstract :

E-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is an agreement between two people that is accepted by the buyer remotely through an international network (Internet) against the request of the seller, and this is also done through audio and visual devices. This work is research, theoretical and of the type of content production, and the content is presented by referring to jurisprudential and legal sources. In any of the electronic or traditional contracts, there may be a dispute between the parties on an issue of that contract, in order to resolve the dispute, it is necessary for the court to conduct legal proceedings and deal with the dispute. Among the issues raised in electronic commerce is the conclusion of electronic contracts; Because compared to traditional contracts in the law of our country, it is in the initial stages of development. Based on the laws of the subject of contracts and obligations in the context of the prevailing legal system or based on the agreement of the parties, the contract will be based on a law. In Iran's legal system, the law governing transactions is determined by the law of the place where the contract is made. If the contracting parties are non-Iranian and enter into a sales contract in Iran, they can specify another law implicitly or explicitly in the text of the contract. In this research, the quality and manner of laws governing electronic contracts as well as the dispute resolution authority in Imamiyyah jurisprudence and Iran's subject law have been discussed.