Volume 20, Issue 70 (9-2015)                   __Judicial Law Views __2012__, 20(__59__): __22433 | Back to browse issues page

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Rezaee A, Rahbari E. How to Realize the Error and its Effect on Conclusion of Electronic Contracts (Comparative Study). دیدگاه‌های حقوقی. 2015; 20 (70) :1-33
URL: http://jlviews.ujsas.ac.ir/article-1-641-en.html
1- Shiraz University , ali62rezaee@gmail.com
2- Shahid Beheshti University
Abstract:   (27307 Views)

Using of electronic devices, lead to reduce the errors resulting from the use of traditional instruments, however, when using of these devices may also take place various problems for different reasons. What is important is to distinguish between the problems arising from mistake and those from error. The error relates to the measures that apply wrongly by electronic intermediaries, while mistake relate to untrue imagination and substantial matters. However the effects of mistake and error are same in real and virtual environment but in western legal systems, if an error occurs, the fulfillment of conditions such as lack of opportunity to correct the error, warning, fault and lack of enjoyment of goods, services or profit can withdraw the portion of the electronic communication in which the input error was made. In Iranian legal system, according to article 19 and 20 of Electronic Commerce Act, the user can treat the portion of the electronic communication in which the input error was made, as non-transmitted .the goal of this research is making distinguish between mistake and error occurs in real and virtual environment and decide on the validity or invalidity of such kind of actions that not anticipated their sanction in the provisions.

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Type of Study: Critical & Analisis | Subject: Pivate Law
Received: 2015/07/09 | Revised: 2019/01/06 | Accepted: 2016/12/18 | Published: 2017/01/08 | ePublished: 2017/01/08

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