Private Law
Seyyed Hasan Hosseini Moghaddam; Setareh Ayoubi; Mehdi Taleghan Ghaffari
Abstract
Today, online stores sell goods and services through online contracts, exchanging emails with the other party, or filling out a specific form on the website by one party. Online contracts may be executed by presenting the terms of the contract to one party and then asking the applicant to click on the ...
Read More
Today, online stores sell goods and services through online contracts, exchanging emails with the other party, or filling out a specific form on the website by one party. Online contracts may be executed by presenting the terms of the contract to one party and then asking the applicant to click on the words "I agree" or something similar. The number of consumers who use online platforms to fulfill their shopping needs has increased, and online stores have responsibilities for the intermediary role and the platform they provide for online buying and selling. From the legal point of view, two types of contractual or non-contractual responsibilities can be considered for these stores. Currently, these types of internet businesses are very popular among users, but in any case, we should look for a space to increase the security of this type of service and secure it, while taking care of and protecting consumer rights; because at present, with the very wide growth of this type of websites and online stores in different fields, we have witnessed the provision of services in the fields of sports, culture and leisure, electronic devices such as audio and visual devices, household, personal and office, real estate and land, vehicles, services and training, supplies and business, and even recruitment and employment or expression of job opportunities, etc. Since online platforms often act as "gateways to control and limit interactions in a system", the first question is whether online platforms and online stores can still be considered simply as intermediaries or should they be suppliers. The second question is whether platforms, as dominant channels in the market, may be held liable to their customers for infringements caused primarily by platform suppliers. Finally, the third question is whether there is a necessary connection between the first and second questions, namely that the platform operator may be held liable to its customers while it may not be treated as a mere intermediary, it may be treated as a supplier of goods and services provided by Platform Providers. Regarding the activity of online stores and their responsibility for their actions or others, it cannot be assumed that they are not absolutely responsible. The important issue is that in online shopping, the buyer makes a transaction that the seller has not seen closely, therefore, the necessity of such purchases, due to its nature, requires more support from the buyer. Because in such transactions, the buyer does not have detailed information about the seller of the goods, their credit, and the transaction, and the burden of the purchase risk is on the shoulders of the buyer. For this reason, as well as for the specialization of the subject and its great application and importance, in this research, an attempt will be made to examine the civil liability of online stores in the laws of Iran and the European Union. In relation to the foundations of civil responsibility of online stores, the theory of fault should be accepted as the main basis of civil responsibility in the laws of Iran and the European Union. In fact, where the providers of their Internet services and goods commit harmful acts, their liability is still based on fault. However, regarding the responsibility of internet sellers, you can also refer to other bases. The important thing about online stores is that concluding a sales contract through the internet in this category of stores should not create doubt that online stores are not subject to the general rules of civil liability. On the contrary, it should be stated that such stores are subject to general rules regarding civil liability rules; because buying or selling through online stores differs from traditional contracts in only a few specific cases; the most important of which is the method of concluding a contract. In other words, except for a few minor cases, in other cases, buying from an online store is not much different from buying from a real store; therefore, in relation to the civil liability of online stores, two types of liability can be realized, contractual and non-contractual liability. This type of separation in civil liability has been accepted both in the civil law of Iran and in the civil law of the European Union. On the other hand, in order to realize the civil liability of online stores in two areas of contractual and non-contractual liability, certain conditions are necessary. So in the field of contractual liability, the existence of a valid contract, breach of contract, and the existence of damage caused by the breach of contract are necessary, and in the field of non-contractual liability of the online store, the occurrence of loss, harmful action and the relationship of causation is necessary. It is suggested that cyberspace and internet stores are very suitable for millions of jobs. On the other hand, the Internet is a useful tool for marketing various services. In this regard, the creation of up-to-date and applicable laws as well as the amendment of existing laws are more important than ever. For this reason, it is suggested that, especially in Iranian law, laws in the field of online stores should be formulated in a specific way, and in these laws, the civil liability of this type of store should be determined clearly, inspired by the principles of civil responsibility and not limited to accepting one of the opinions and principles. Laws that, in addition to preventing the occurrence of computer crimes, should provide the opportunity for legal internet businesses to operate and grow, and this means that the laws are fair. In addition to the definition of platforms, the law that is developed for this purpose should include the providers and users of the internet platform for the purpose of electronic commerce, the law that is formulated for this purpose must state the criteria and criteria accepted in the legal analysis, of course, a mechanism for the purpose of floating the bon and the ability to generalize the criteria. Claims between parties (both platform, supplier, and user) should be considered. Also, the cases where the rules related to transactions do not respond to the new needs are written and govern the relations of the parties.
Majid Aziziyani
Abstract
Option of condition, the subject of Article 399 of Civil Law is in the cases that for each of the purchaser or customer or both of them or third person is given authority of termination of transaction in the determined term and if this condition is being without term, based on Article 401 ...
Read More
Option of condition, the subject of Article 399 of Civil Law is in the cases that for each of the purchaser or customer or both of them or third person is given authority of termination of transaction in the determined term and if this condition is being without term, based on Article 401 of Civil Law, its execution guaranty is invalidity of condition and contract. In some of the contracts , it is inserted that if this contract after agreeing and signing to any reason, each of the parties cancel the contract, an amount as loss is paid, regard validity of authenticity or voiding of such condition between Doctrine and jurisprudence, there is subjective of belief and procedure that in this case, it seems unlimited option of condition has not been determined but, it has been mentioned and if cancellation to any reason, this rate of loss is obtained by the parties and the mentioning to the termination is limited to legal options or contractual option. Also, in the cases that the parties make the contract of option of conditions for their life period or third person, there is disagreement and Civil law hasn’t made an explicit sentence in this regard that in this paper, additional to analysis of viewpoint of opponents and supporters, the preferred opinion will be discussed proportional to legal and jurisprudential principles and judgmental procedure.
SeyydAhmad Mousavi; Alireza Nojavan; Seyed Mohamad tagi Alavi
Abstract
The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is ...
Read More
The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is summarized in the contract and becomes a binding force as soon as it is created, to which the parties participating are bound by its provisions. In jurisprudence and Iranian law, the pacta sunt servanda is interpreted as the principle of the irrevocability of contracts. the pacta sunt servanda has been accepted in jurisprudence and Iranian law. The principle of irrevocability is different from that of the pacta sunt servanda. From 219 of the Civil Code, some have inferred the principle of irrevocability in the position of doubt in the revocability and irrevocability of contracts, and others have inferred the pacta sunt servanda of absolute contracts, both revocable and irrevocable. This article tries to identify the pacta sunt servanda in Iranian law, provisions, concepts, and sources and explain its differences with the principle of irrevocability and similar principles in Iranian law, jurisprudence, and foreign law
Babak Sheed
Abstract
As the judicial procedure ensures proper and lawful implementation of the law and statuary regulations, arbitration agreement is made for being sure of good performance of the contractual obligations. It is not exaggerate if assert that the parties may conclude the main contract based on its arbitration ...
Read More
As the judicial procedure ensures proper and lawful implementation of the law and statuary regulations, arbitration agreement is made for being sure of good performance of the contractual obligations. It is not exaggerate if assert that the parties may conclude the main contract based on its arbitration clause. So, it is expected that the arbitration agreement or clause has a firmer position than a revocable contract to have a proper function with the wills of the parties. In legal writings and lawyer’s views there is no definitive opinion as to whether or not an arbitration agreement or cause is revocable or Irrevocable, in addition article 481(1) of civil procedure law states that written agreement between the parties is necessary to decline the arbitration agreement which it associates irreconcilability of the arbitration agreement but in article 481(2) has considers death as a cause of declining the arbitration agreement. Researchers have neglected on literal and historical interpretation of the regulations on arbitration. In this research has been attempted through the aforementioned approach means literal and historical interpretation, stabilize inefficacy of each party’s death on arbitration.
Mahdi Jalili; Alireza Fasihizadeh; Mohammad sadegh Tabatabaei
Abstract
This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented ...
Read More
This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented by proponents and opponents of the binding or revocable character of partnership and presenting contradictory and solving answers to the view holders, leads in the end to the conclusion that considering the vagueness of the civil code and despite the opposing viewpoints of some Islamic jurists and on the other hand, based on the approach adopted by high-profile jurists such as Shahid-e- Sani and Seyed Mohammad Kazem Tabatabaee , known as Saheb Orva and the attention of the article 167 of the Constitution, partnership contract should be recognized as having a binding character as far as its shareholding making aspect is considered and revocable with regard to the fact that partners acquire the right to control and lay hands on the shared property . This trend is supported more by the doctrine as well .
Reza Nikkhah; seyyed salehi; Mansour Akbari Araei
Abstract
Assignment of contractual rights and obligations is one of the most important and well-known issues in different legal systems. The assignment of contract is recognized in Pre-Sale Building Act ratified in 19/1/2011. The legislator, in articles 17 and 18, specified terms and qualifications mentioned ...
Read More
Assignment of contractual rights and obligations is one of the most important and well-known issues in different legal systems. The assignment of contract is recognized in Pre-Sale Building Act ratified in 19/1/2011. The legislator, in articles 17 and 18, specified terms and qualifications mentioned in this article. This article is based on descriptive-analytical method, and strives to discuss principles and standards in assignment contract and its justification in different legal systems. In addition, it also analyzes the assignment of contract in Pre-Sale Building Act. In this legislation, one of the most important terms known by lawmaker is the obligor’s consent for assignment in writing and official assignment. It is crucial that the legislator considered this assignment which has many economic effects and it was a great step for unification of the assignment of contract in the Act. Assignment of contract is recognized separately in uniform law as well as in laws of different countries such as France, but it has not been considered in Iran.
Seyed Mohamad tagi Alavi; hossein yousefi
Abstract
In contract law, general rule is that contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires compensation. Undoubtedly, the time of contract performance is among the factors that has a direct effect on the ...
Read More
In contract law, general rule is that contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires compensation. Undoubtedly, the time of contract performance is among the factors that has a direct effect on the parties’ liability. Therefore, the obligation must be met in due date within the definite period. However, there is a possibility that under some circumstances, the performance occurs earlier than due date which is interpreted as an early performance. The question is whether it is possible to perform before the due date. Although some countries have a clear legal position in this regard, Iranian law does not consider early performance. This subject has not discussed by lawyer and academics either. On the other hand, this issue has been dealt with by jurisprudence, and different views have been expressed. There is no stipulated valuation in Iranian Law, we suggest that this issue should be considered in the Civil Code.
Habibollah Rahimi; Zohreh Karimi
Volume 1, Issue 2 , February 2013, , Pages 63-87
Abstract
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of ...
Read More
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of severance of a contract come into existence. The principle of severability of contracts prevents termination of a contract as a whole, in the case of partial breach or non-performance. Thus whenan abstraction is occurred on the way of complete performance, partial performance of a contract is better than termination of the contract as a whole. This rule is the result of the principle of severability of a contract and for non-severability there should be legal or contractual reasons
