The law governing the time and place of concluding electronic contracts in Iranian and American law

Document Type : Original Article

Authors

1 PhD Student in Private Law, PhD in Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran

2 Assistant Professor, Department of Law, Faculty of Humanities, Golestan University Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

3 Faculty member and assistant professor of Gonbad Kavous State University Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.

Abstract

The purpose of this study is to explain the elements of electronic contracts in Iranian and American law with emphasis on the discussion of time and place of conclusion; What is the current law and time and place of concluding electronic contracts in Iranian and American law? The present article is a descriptive-analytical study using the library method. The results of the study indicate that there is a law in American law known as "USITA" for the enactment of contract law, as well as the "uniformity of computer information transactions approved". The main purpose of this law is to make the transaction of computer information products purposeful and disciplined. The scope of application of this law is "agreement to produce, modify, transmit or certify computer information or computer information rights". And this law is a reflection of the latest developments regarding electronic transactions. This set of commercial regulations has established rules for concluding contracts in order to promote the principle of freedom of contract and to facilitate commercial and commercial practices. Iranian law does not have a specific provision for determining the law governing electronic commercial contracts. This law, as the most important regulation in the field of e-commerce, does not have a specific provision for determining the law governing electronic contracts.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 295-316

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