Volume 23, Issue 3 (2019)
CLR 2019, 23(3): 69-93 |
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Jalali M, Mehranfar E. Unification of Applicable Provisions to Electronic Contracts and the Principles for their Interpretation. CLR 2019; 23 (3) :69-93
URL: http://clr.modares.ac.ir/article-20-29008-en.html
URL: http://clr.modares.ac.ir/article-20-29008-en.html
1- Associate Professor, Law Department,University of Isfahan, Isfahan, Iran , m.jalali@ase.ui.ac.ir
2- Ph.D. Student ,, Law Department,University of Isfahan, Isfahan, Iran
2- Ph.D. Student ,, Law Department,University of Isfahan, Isfahan, Iran
Abstract: (7659 Views)
The basis of conflict rules in over the border claims is the principle of the places nearness. In this regard, the law governing the form and nature of contractual claims is the law that has the closest spatial relationship to the dispute contracts. This principle has been clarified in the rules of conflict of laws, in the form of an exemplified titled "The Law of Place of Contract", "The Law of Place of Execution of the Commitment", and "The Law of adjusting the Contract".
All above mentioned instances are as the material manifestations of the place relationship factors, which requires identifying and enforcing them, determining the place to rely on these examples. Although, in cyberspace, where there is no any specified place, how is it possible to determine the conflict solution rules governing on form and nature of electronic contracts by these communication factors? Furthermore, what law is governing on these types of contracts?
The effects of this challenge are evident in the electronic contractual system; because making the rules of competency for the place in private international rights, as well as the elements of power and legitimacy of cyberspace in public international rights, have been challenged. Hence, to be global and placeless natures of cyberspace are as the basis of conflict resolution rules in electronic contracts; substantially, they have challenged private international rights. Basically, what approach have legislators adopted for this challenge? Is there a separate legal system for electronic contracts?
Private international law should have a worthwhile response in the conflict resolution phase of electronic contracts; besides, it should preset the ground for the unification of these rules. This matter has led to making reaction of governments and even judicial procedures domestically and internationally. These reactions can be studied in the field of legislation in the mode and form of
electronic contracts rules as well as the rules of laws conflict resolution. The purpose of this paper is to discuse how the private international rights deal with these challenges?
All above mentioned instances are as the material manifestations of the place relationship factors, which requires identifying and enforcing them, determining the place to rely on these examples. Although, in cyberspace, where there is no any specified place, how is it possible to determine the conflict solution rules governing on form and nature of electronic contracts by these communication factors? Furthermore, what law is governing on these types of contracts?
The effects of this challenge are evident in the electronic contractual system; because making the rules of competency for the place in private international rights, as well as the elements of power and legitimacy of cyberspace in public international rights, have been challenged. Hence, to be global and placeless natures of cyberspace are as the basis of conflict resolution rules in electronic contracts; substantially, they have challenged private international rights. Basically, what approach have legislators adopted for this challenge? Is there a separate legal system for electronic contracts?
Private international law should have a worthwhile response in the conflict resolution phase of electronic contracts; besides, it should preset the ground for the unification of these rules. This matter has led to making reaction of governments and even judicial procedures domestically and internationally. These reactions can be studied in the field of legislation in the mode and form of
electronic contracts rules as well as the rules of laws conflict resolution. The purpose of this paper is to discuse how the private international rights deal with these challenges?
Article Type: Original Research |
Subject:
Comparative Law
Received: 2019/01/4 | Accepted: 2019/07/6 | Published: 2019/09/21
Received: 2019/01/4 | Accepted: 2019/07/6 | Published: 2019/09/21
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