Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Investigating the effects and approaches related to determining the time and place of concluding electronic contracts

Document Type : Research Article

Authors
D.r Seyyed Hesamoddin Rafiee Tabatabaei 1
Motahhareh Sadat Rafiee Tabatabaei 2
1 University Lecturer, PhD in Private Law, Faculty of Law, Islamic Azad University, Karaj Branch. (Corresponding Author)
2 Master of Private Law, Faculty of Law, Islamic Azad University, Karaj Branch.
Abstract
Contracts, as a credit nature, like any entity, have a temporal and spatial dimension; Determining the time and place of the formation of a works contract also follows. The place of concluding a contract is sometimes determined by the time of its formation. When a contract is concluded in a meeting, in other words, both parties to the contract are present in that meeting, we will have no problem in determining the time and place of the contract; And the problem and disagreement arises when the parties to the contract are separated in time and space. Therefore, since the conclusion and formation of a contract obviously has consequences, it should be important to consider the time and place of the time and place in the formation of the contract, given the multiplicity and distance between time and place. The most obvious type of such contracts are electronic contracts. In this article, we try to study the effects of determining the time and place of electronic contract formation, the methods reflected in different opinions and approaches, as well as the method adopted by the Iranian legislator on the subject under study.
Keywords
Time of concluding the contract
place of concluding the contract
electronic contracts
demand
acceptance
1- Schmidtov, Klavium, (1378), International Trade Law, Ethical Translation, Behrouz et al., Tehran, Samit Publishing House.
2- Akbarineh, Parveen, Mahmoudzadeh, Fariba, (2016), Electronic contracts, International Congress of Islamic Sciences and Humanities, Tehran.
3- Ahani, Betul, (2013), concluding an electronic contract, Naday Sadegh scientific journal, numbers 34 and 35.
4- Bana Niasri, Masha Allah, (2016), Forming a contract in the cyberspace, Legal Research Journal, No. 9.
5- Hosni, Alireza, Shokralezadeh, Yaser, (2014), Forming an electronic contract in terms of time and place, National Conference of Human Sciences, Shiraz.
6- Darabpour, Mehrab, (1374), International Sales Law, first edition, Tehran, Nash Ganj Danesh.
7- Duxbury, Robert, (1377), translated by Mir Mohammad Sadeghi, Hossein, a review of the law of contracts in England, Tehran, Lahoqdan publication.
8- Rezaei, Ali, (1387), Laws of electronic commerce, first edition, Tehran, Mizan publishing house.
9- Elsan, Mustafa, Dovan Yamchi, Amin, (2006), Computer nature and legal aspects of digital signature, Legal Perspectives Quarterly, No. 31.
10- Samavati, Heshmatullah, (1377), theoretical and practical international transaction law, Tehran, Nash Ghoqnos.
11- Shahidi, Mehdi, (1377), formation of contracts and obligations, Tehran, Mizan Publishing.
12- Shahidi, Mehdi, (2012), formation of contracts and obligations, Tehran, Majd Publications.
13- Safai, Seyyed Hossein, (2012), general rules of contracts, Tehran, Mizan Publishing.
14- Safai, Seyyed Hossein, Adel, Morteza, Kazemi, Mahmoud, Mirzanejad, Akbar, (2004), International Sales Law with a Comparative Study, Tehran, Tehran University Press.
15- Faizi Chekab, Gholam Nabi, (2013), the time of marriage through electronic intermediaries, Journal of Law and Politics Research, No. 13.
16- Faizi Chekab, Gholam Nabi, (2004), a collection of articles on the legal aspects of information technology conference, Tehran, Selsbil Publishing.
17- Civil Procedure Law of Iran, (1379), approved by the Islamic Council.
18- Iran's e-commerce law, (1382), approved by the Islamic Council.
19- Iran Trade Law, (1311), approved by the National Council.
20- The Civil Code of Iran, (1307), approved by the National Assembly.
21- Gurbanvand, Mohammad Baqer, (2009), time and place of electronic contract formation, Law Research Quarterly, No. 29.
22- Katouzian, Nasser, (2015), General Rules of Contracts, Volume I, Tehran, Publishing Company.
23- The Vienna Convention on Contracts for the International Sale of Goods, (1980), approved by the United Nations.
24- Maggi Nia, Mohammad, (2012), the way of concluding electronic contracts and its features, two scientific research quarterly journals of Civil Law, No. 1.
25- Vasali Naseh, Morteza, (2016), Electronic contract and its validity principles, Kanon Monthly, No. 66.
26- Todd, Paul, (2005), E-Commerce law, London, Cavendish, 1 th.
27- Vebriest, Thibault, (2005), Le nouveau Droit du Commerce Electronique, Paris, Larcier.

  • Receive Date 23 November 2021
  • Revise Date 01 December 2021
  • Accept Date 19 December 2021