1
Department of Law, Ki.C., Islamic Azad University, Kish, Iran
2
Assistant Professor, Department of Jurisprudence and Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3
Assistant Professor, Department of Islamic Jurisprudence and Law, Garmsar Branch, Islamic Azad University, Semnan, Iran.
10.22034/ejs.2024.466149.1861
Abstract
Background and purpose: The development of the use of new information technology tools in the conclusion of contracts and doubts about the validity and authenticity of electronic contracts have prompted the legislators of different countries and regional and international organizations to enact various laws and regulations in this field. In Iran, the e-commerce law was approved in 2002. The purpose of this article is to review the rules governing electronic contracts. Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data. Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Findings: The findings showed that there is a vacuum in Iran's codified laws regarding Despite the differences that exist in the optionality or mandatoryness of Article 968 of the Civil Code and as a result of that, the possibility of freedom of will of the parties in determining the governing law, we can believe that this article is optional and recognize the freedom of the parties to determine the governing law. Article 27 of Iran's Commercial Arbitration Law also observes that this article is an optional part of the civil law, and according to that, the parties can freely choose the law governing the contract. Result: In Iranian law, the contracting parties can agree that the obligations arising from the contract are subject to Iranian law.
Moeiniyan,M. A. , Darvishi Hoveyda,Y. and Hassanpour,M. (2025). Rules Governing Electronic Contracts. Strategic Studies of Jurisprudence and Law, 7(1), 199-214. doi: 10.22034/ejs.2024.466149.1861
MLA
Moeiniyan,M. A. , , Darvishi Hoveyda,Y. , and Hassanpour,M. . "Rules Governing Electronic Contracts", Strategic Studies of Jurisprudence and Law, 7, 1, 2025, 199-214. doi: 10.22034/ejs.2024.466149.1861
HARVARD
Moeiniyan M. A., Darvishi Hoveyda Y., Hassanpour M. (2025). 'Rules Governing Electronic Contracts', Strategic Studies of Jurisprudence and Law, 7(1), pp. 199-214. doi: 10.22034/ejs.2024.466149.1861
CHICAGO
M. A. Moeiniyan, Y. Darvishi Hoveyda and M. Hassanpour, "Rules Governing Electronic Contracts," Strategic Studies of Jurisprudence and Law, 7 1 (2025): 199-214, doi: 10.22034/ejs.2024.466149.1861
VANCOUVER
Moeiniyan M. A., Darvishi Hoveyda Y., Hassanpour M. Rules Governing Electronic Contracts. SSJL, 2025; 7(1): 199-214. doi: 10.22034/ejs.2024.466149.1861