Support from the consumption of A in business and work on the line in the law of commerce electronics

سال انتشار: 1402
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 238

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شناسه ملی سند علمی:

EMC01_071

تاریخ نمایه سازی: 25 دی 1402

چکیده مقاله:

Electronic contracts are contracts that are the platform for setting up, studying and signing cyberspace. In other words, these contracts do not require a paper copy or traditional signature to be visible and binding, and can only be adhered to by choosing an electronic option to agree. Some believe that electronic contracts are part of accession contracts. In principle, electronic contracts are concluded remotely using visual or auditory writing tools. Although the definition does not describe the effects of electronic contracts, it seems to be a complete definition because it describes the way of expressing will in such contracts. Electronic contracts come in many different types. Some of these contracts relate to non-commercial, civil areas. However often electronic contracts are related to business transactions. These contracts may have multiple approvals. The different aspects of electronic transactions are very broad, such as providing services with the aim of inviting the customer to conclude contracts, supply goods, provide electronic payment orders and so on... Each of them is a way of expressing the will of the other person. Given that Article ۴۶ of the e-commerce law, adopted on ۱۷ December ۲۰۱۸, provides for the conditions set out in electronic contracts: "the use of contractual conditions contrary to the provisions of this chapter and the application of unfair conditions to the detriment of the consumer is not effective", it should be borne in mind that the compliance of this article with the claims arising gives the judges extensive discretion in the fairness or unfairness of the conditions in the contracts.According to articles ۴۵, ۴۶ and ۴۷ of the e-commerce law, it can be said that only Article ۴۶ can be cited in relation to the consumer in the context of electronic exchanges. The Consumer Protection Act appears to have been able to do better in terms of unfair terms in commercial contracts. Article ۲۳ of the law on continuous improvement of the business environment also addresses this issue. In this study, the protection of consumer rights in business on the line is considered in e-commerce law.

کلیدواژه ها:

consumer rights protection - business on the line-e-commerce law

نویسندگان

Hossein Norouzi

Assistant Professor, Department of Private Law, Islamic Azad University, Tehran West Branch

Hossein Rahimi

Master's degree in Private Law, Islamic Azad University, Tehran West Branch

Mohsen Alkhanian

Master's degree in Private Law, Islamic Azad University, Tehran West Branc