Document Type : Original Article
Authors
1
PhD Student in Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Yazd Branch, Yazd, Iran
2
Associate Professor, Department of Law, Faculty of Humanities, Yazd Branch, Islamic Azad University, Yazd, Iran
3
Assistant Professor of Law, Faculty of Humanities, Yazd Branch, Islamic Azad University, Yazd, Iran
Abstract
In the virtual stores of Iran and the European Union, the dissolution of electronic contracts is done through the exercise of the right to return goods and services. This right, also known as the right of cancellation in Iran, has so far been granted only to consumers in electronic contracts and in the European Union in all distance selling contracts. Using this right, goods and services can be returned to Iran within 7 days and in the European Union, goods within 7 days and services within 14 days to the supplier of goods and services. However, with the adoption of the latest EU directive (No. 83 of 2011), both recent deadlines have been increased to 14 days. There are two ambiguities about this right: The first ambiguity is its nature, which has a vague face and is similar to institutions such as termination and invalidity. The second ambiguity is that although the right to return goods and services has financial implications and should in principle be scrapable and transferable; However, the conditions related to the voluntary or forced transfer of this right have been declared invalid by the legislator. In this study, according to the Iranian Electronic Commerce Law approved in 2003 and EU Directive No. 83 adopted in 2011, the mentioned ambiguities were examined and it was seen that the right to return goods and services is not a term and is a ruling.
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