Legislative approaches in electronic contracts in the laws of Iran and the United States of America

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Purpose

Considering the extent and difference between the legal systems of different countries, it is inevitable to comprehensively review the laws in the countries and their adaptation to Iranian laws. The purpose of this article is to examine legislative approaches in electronic contracts in the laws of Iran and the United States of America. 

Materials and Methods

The research method is descriptive and analytical and this research is theoretical. 

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. 

Findings

In the United States, the National Conference of Commissioners on the Uniform Laws of the States has established two uniform government decrees on granting legal validity to electronic transactions, which are: the Uniform Law of Computer Technology Transactions (USTA) and the Uniform Law of Electronic Transactions (Utah). Eustia covers contracts or transactions related to computer technology. A contract involving computer technology, for example a contract for the purchase of a software, can be concluded electronically or in another way. 

Result

There is no problem regarding the place of delivery of the goods in traditional contracts where the goods are material, but in electronic contracts where sometimes the goods are digital and downloaded, it is difficult or even impossible to recognize the place of delivery. In these cases, a place must be "assumed" to fulfill the obligation.

Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:6 Issue: 3, 2024
Pages:
197 to 212
https://magiran.com/p2784212