نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسنده English
Like other legal fields and institutions, e-commerce law is subject to a set of general principles.In addition to their undeniable roles, these principles have the advantage of being an indicator of critique and analysis of a judgment based on its compliance with the aforementioned principles.Since, despite the existence of significant works in the field of e-commerce law, the general principles governing it have not yet been identified and examined in detail in our legal literature, and its position in court judgments has not been criticized and analyzed,, the present article is innovative in two respects.
Using library tools and referring to some civil judgments rendered by Iranian law courts (50 civil judgments), this article, by the qualitative method and use of the descriptive-analytical approach, attempts to answer the question as to what degree the above-mentioned principles are adhered to in judgments made by Iranian law courts.The hypothesis of this research is that the issuance of numerous judgments contrary to the aforementioned principles (in 88 percent of the judgments studied) indicates that these principles do not occupy a prominent position in Iranian judicial precedent. This article, in four sections, introduces four important general principles governing e-commerce law and presents a sample judgment from Iranian legal courts for each principle and criticizes it.In conclusion, clear and practical solutions are suggested to groups benefiting from the research results.
کلیدواژهها English
