In collaboration with Payame Noor University and Iranian Association of Medical Law

Document Type : Scientific Research

Authors

Abstract

Along with the increasing use of electronic devices for concluding an international contract, the most international electronic contracts are concluded in the circumstance which their parties aren’t present in a specific location. Since some of the most important characteristics of each contract are time and place in concluding followed by legal consequences, any country attempt to provide governing rules and regulations on time and place in concluding electronic transactions. Thus, different solutions accepted in national legal systems are in contrast. As a result, codification of international instruments governing on electronic contract rules was introduced. One of the instruments is UNCITRAL Convention related to Use of Electronic Communications in International Contracts adopted by General Assembly of UN on 25 November 2005. If provisions of this convention are compared to Iran’s law about time and place in concluding electronic contracts, it is concluded that; first, this convention hasn’t provided certain rules in some controversial issues and has assigned it to domestic legislature, and second, there aren’t any conflict between this convention, Iran’s electronic commercial law and generally Iran’s domestic law. Accordingly, Iran’s accession to the convention do not cause serious mismatch between governing rules and regulations on this subject.

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