جستجوی مقالات مرتبط با کلیدواژه "electronic commerce law" در نشریات گروه "فقه و حقوق"

One of the fundamental rights of consumers or services in every legal system worldwide is to ensure the safety considerations. In different systems, both civil and criminal protection issues have been considered for consumer rights. The aspect of criminal protection of consumer is against the producers or suppliers who lack good faith and the civil protection has been considered for the injured against the damage caused.This support is due to the  electronic transactions. The purpose of present study is to explain product safety right in electronic commerce law of Iran.
Method and Materials: The research is descriptive _analytical and the library method has been used.
Ethical Considerations:Right on product safety has been accepted in Iranian Law  in terms of civil protection .But , despite the civil support ,Iran 's law is facing a gap in this regard.
The right to product safety is accepted in Iranian law in terms of civil protection; But despite the civil support, Iran's law is facing a gap in this regard.
Considering that article 51 has been compiled in the e-commerce law regarding product safety, general rules should still be referred to in order to enforce consumer rights.

The current research is applied in terms of purpose and nature, and descriptive and analytical in terms of research method. The method of collecting information is also based on library studies that were collected with the data collection tool. In this research, it has been tried to explain the electronic document, the conditions of citing it in the courts, electronic signature, the obligations and effects resulting from it, and the legal conditions according to the law of electronic commerce in the contracts. The electronic registry, while it is possible to register a digital signature and prepare an electronic backup from the registration document; He will be able to deal with his daily and normal affairs and for example register real estate transactions. Of course, the competence of notary offices in this regard is general, and they have the ability to prepare any type of document. The results showed that electronic documents, unlike normal documents, can be cited if there are conditions in the document; Some obligations are related to the parties of an electronic document, others are related to the obligations of advertisers in the context of electronic exchanges. Also, maintaining the exchanged information in electronic documents is one of the important duties of the parties.

The Commercial Code of Iran (adopted in 1932) is the most important set of laws related to commercial affairs in Iran, which forms the basis of Iranian commercial law. The vast majority of Iranian jurists consider the law inadequate, overly incomplete, and vague. In this regard, and accepting the need for amendment, we review the trade bill that has been prepared for this purpose. Given the complexity of the topic, we will only look at the definition of a trader and business practices in the new bill, which is the foundation of the Commercial Code and distinguishes the trader from the non-trader. For this purpose, we first state the main goals of the bill and then examine the success or failure of achieving these goals. Finally, since e-commerce oversees the use of electronic communications in the business process and is a means of doing business, it is inevitable to refer to the corresponding concept in e-commerce law, the concept of "supplier". After analysing the issue, we concluded that by comparing Articles 1 and 2 of the current Commercial Code with Article 1 of the bill, the fundamental changes considered by the Office of Economic Studies of the Deputy Minister of Planning and Economy are not visible, so it cannot be considered a strength listed the innovations of this amendment.

Nowadays, with the widespread development, “electronic documents” are increasingly produced and stored. In the Iranian Electronic Commerce Law, the probative value of documents as evidence in substantiation of claims has been accepted by the legislator; the issue of accreditation of electronic evidence from the perspective of jurisprudence has not been addressed.Their main reason for this is the possibility of forgery and fraud in documents, which makes them invalid. After collecting the remarks of the jurists in this regard and reviewing and examining them through an analytical method, we have concluded that the written documents do not have any superiority over electronic ones and thus, both of them should be treated and if appropriate safety measures are taken in order to protect the contents of the documents, electronic documents can be considered as the evidence in substantiation of claims (either independently or as a conjecture which will have impact on the judge’s decision), and then this kind of documents can be relied on to prove the claim in the courts

Electronic trade secrets are data messages that have independently the economic value but are not available to the public, and a reasonable effort should be made to protect and safeguard them. In the absence of any of these features, the relevant message data will lose its commercial head feature and will not enjoy the legal protections that exist for such message data. Proof of the existence of these conditions in the case of any message data is on the burden of the owner who claims that his business has been misused, thus resulting in criminal or legal liability for the defendant. The Electronic Commerce Law adopted in 2003 defines trade secrets and then a number of crimes committed against these secrets, and determines its punishment. In this research, the concept and application of this trade secret has been examined, which has been criticized from aspects such as the concept of economic value and the role of having a secret in criminal protection.