Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Legal restrictions on the principle of the rule of will in e-commerce contracts

Document Type : Research Article

Authors
Leyla Tahmasbi 1
Seyyed Hesamoddin RafieeTabatabaei 2
1 PhD Student in Private Law, Faculty of Law, Islamic Azad University, Karaj Branch. (Corresponding Author)
2 PhD Student in Private Law, Faculty of Law, Islamic Azad University, Karaj Branch.
Abstract
The principle of sovereignty of the will of the parties in concluding contracts, especially commercial contracts, makes it easier and freer for the parties to determine the form of the contract, its content and effects. Of course, the need to defend and protect public interests and justice has necessitated the establishment of rules restricting the absolute freedom of will of the parties. Competition rights and the prevention of monopolies and discrimination, rights governing annex and collective agreements, rights governing the observance of public order and interests, and good morals, and legal rules of supervision and protection and organization are some of these restrictive rules. Now, with such a background in law, we are faced with a phenomenon called concluding commercial contracts via the Internet and electronically. In order to achieve an accurate scientific method in this research, using legal principles in the division of electronic contracts, the time and place of concluding the contract and the place of execution and determining the judicial jurisdiction of the mentioned contracts have been determined and the result has been achieved by applying and identifying restrictive regulations. The will of the interlocutors is taken into account; Which will help to regulate the legal relations of the emerging phenomenon of electronic commercial contracts in the country and to establish justice and public order. What is discussed here are the limitations and exceptions created by the legal provisions on the rule of will in commercial contracts, which are concluded electronically via the Internet.
Keywords
Principle of will rule
e-commerce contracts
legal restrictions
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  • Receive Date 04 November 2020
  • Revise Date 20 November 2020
  • Accept Date 14 December 2020