Electronic Sale in the Legal Systems of Iran and England
Keywords:
Electronic sale, England, option of session (khiyar al-majlis), acceptance, electronic contract formation, electronic offer, electronic acceptance, traditional method, modern method.Abstract
In this study, the author examines the concept of electronic sale within the legal frameworks of Iran and England. Electronic sale is one of the contemporary phenomena that has evolved as a result of technological advancement. Today, merchants engage in commerce through electronic communications. Since a healthy and dynamic economy is considered one of the hallmarks of a country’s progress and development, understanding the laws governing electronic sales in today’s world is of great significance. Moreover, if traders and their legal representatives are thoroughly familiar with the laws of their foreign trade partners, they will be in a better position to conclude valid contracts. The author explores the strengths and weaknesses of each of the legal systems of Iran and England in regard to electronic sale. The study points out that, under the Iranian legal system, the moment of dispatch of acceptance constitutes the moment of contract formation, while in the English legal system, it is the moment of receipt of acceptance that determines the formation of the contract. According to Iranian law, legitimacy is recognized under Clause 4 of Article 190 and Article 217 of the Civil Code. The principle of party autonomy is enshrined in Article 967 of the Iranian Civil Code, and the doctrine of the delayed application of the governing law in electronic sale is accepted. In contrast, under the English legal system, the law of the place of dispatch of acceptance is deemed the governing law for electronic sale. It is worth noting that England has acceded to the UNCITRAL Model Law. The UNCITRAL Model Law refers extensively to provisions related to electronic commerce in many of its articles. It is regarded as one of the most significant international instruments and has been adopted by many countries worldwide. Therefore, in this study, the author attempts, through a descriptive-analytical research method, to examine the legal provisions related to electronic sale.
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