Law governing obligations in electronic contracts

Subject Areas : Journal of Law and Politics

Rahim Abdoli ¹ (PhD student in Law, Islamic Azad University, UAE Branch)
Tayeb Afsharnia ² (Assistant Professor of Law, West Tehran Branch, Islamic Azad University, Tehran, Iran)
Alireza Rajabzadeh Estahbanati ³ (Assistant Professor Raja Non-Profit University, Qazvin, Iran)

Received: 2022-05-08 Accepted : 2022-06-11 Published : 2022-06-22

Keywords: Electronic Contracts, governing law, obligations in contracts, electronic environment,

Abstract :

The electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form and compatibility with the rules and regulations of civil law regarding contracts is one of the new topics, the recognition and study of which depends on the formal structure of the electronic environment and well-known communication technology concepts in this field. . Determining whether a binding contract is concluded in the relationship between the parties or is done in accordance with the applicable law. Although e-commerce law does not seem to conflict with the general rules and regulations of civil and commercial law, there is considerable coherence and coordination with the formal and technical concepts and rules of legal resources in applying these rules to the legal issues of e-commerce contracts. This research is theoretical and content analysis and by referring to legal and related sources, an attempt has been made to provide relevant laws. Today, the law governing the contract is outside the scope of national law, and it is not necessary that the law governing the election of the parties to the contract be related to the contract, and also the laws governing the contract can be changed with conditions, As a result, concluding these contracts in a different and new environment has different rules governing different contracts and obligations, which are discussed in this article.