Parties’ legal capacity in electronic commerce transactions

Parviz Bagheri, Kamal Halili Hassan, Mehdi Shabannia Mansour

Research output: Contribution to journalArticle

Abstract

The aim of this article is to scrutinise the uncertainty of the Iranian Electronic Commerce Law (IRI ECL 2004) provisions especially on the issue of capacity of parties. Issues of parties’ legal capacity have been resolved in traditional contracts but they are still debatable in electronic commerce transactions. Under UK law, contracts formed by minors for things other than necessities are unenforceable against the minor but enforceable against the merchant (seller) while according to US uniform commercial code in online contracts capacity is not recognized as a legal excuse to nullify a contract. At the mean time, contracts made by incapacitate person is considered null under Iranian law. In spite of technical developments such as digital signatures and smart cards used in verifying the identity and capacity of parties in electronic commerce transactions, the legal certainty on capacity of parties is still questionable. The article also examines the application of traditional contract general rules on parties’ legal capacity in Iran to electronic commerce with reference to EU law. The EU law which is already at an advance stage serves a guide for future development of e-commerce law in Iran.

Original languageEnglish
Pages (from-to)503-515
Number of pages13
JournalEuropean Journal of Law and Economics
Volume44
Issue number3
DOIs
Publication statusPublished - 1 Dec 2017

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legal capacity
electronic commerce
transaction
Law
European Law
Iran
electronic business
technical development
Electronic commerce
uncertainty
human being

Keywords

  • E-commerce
  • ECL 2004
  • Iran
  • Parties’ legal capacity

ASJC Scopus subject areas

  • Business and International Management
  • Economics and Econometrics
  • Law

Cite this

Parties’ legal capacity in electronic commerce transactions. / Bagheri, Parviz; Hassan, Kamal Halili; Mansour, Mehdi Shabannia.

In: European Journal of Law and Economics, Vol. 44, No. 3, 01.12.2017, p. 503-515.

Research output: Contribution to journalArticle

Bagheri, Parviz ; Hassan, Kamal Halili ; Mansour, Mehdi Shabannia. / Parties’ legal capacity in electronic commerce transactions. In: European Journal of Law and Economics. 2017 ; Vol. 44, No. 3. pp. 503-515.
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