Formation of e-Contracts Under Iranian Electronic Commerce Act

9th International Conference on e-Commerce, April 2015

7 Pages Posted: 22 Feb 2016

See all articles by Ali Alibeigi

Ali Alibeigi

Faculty of Law, University of Malaya

Abu Bakar Munir

University of Malaya (UM) - Faculty of Law

Date Written: April 16, 2015

Abstract

The time and place of formation of a contract comprise significant legal effects under the law of contracts. In case of electronic contracts, the determination of time and place of dispatch and receipt of an electronic message plays a significant role to determine the time and place of formation. The Electronic Commerce Act of Iran provides a number of provisions concerning the formation stage. The modification of the dispatch and receipt provisions has a significant impact to fulfill the present legal-commercial demands in line with new technologies. This paper aims to provide legal recommendations for amending the time and place of dispatch and receipt rules of an electronic message. We used the analytical-comparative method to the principles and legal effects of formation under the Iranian Electronic Commerce Act. The results conclude that the dispatch and receipt principles have some defects and silence features. Moreover, the related provisions are not adequate to address legal issues arising from new technologies like internet.

Keywords: Iran, Electronic Commerce law, Electronic Contract, Dispatch and Receipt, Electronic Message

Suggested Citation

Alibeigi, Ali and Munir, Abu Bakar, Formation of e-Contracts Under Iranian Electronic Commerce Act (April 16, 2015). 9th International Conference on e-Commerce, April 2015. Available at SSRN: https://ssrn.com/abstract=2735244 or http://dx.doi.org/10.2139/ssrn.2735244

Ali Alibeigi (Contact Author)

Faculty of Law, University of Malaya ( email )

University of Malaya
Jalan University
Kuala Lunpur, 50603
Malaysia

Abu Bakar Munir

University of Malaya (UM) - Faculty of Law ( email )

Kuala Lumpur, 50603
Malaysia

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