نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
This study aims to examine the nature of breaches in electronic contracts and analyze their legal consequences within the Iranian legal system. With the rapid expansion of information technologies and the growing reliance on digital interactions, electronic contracts have become a significant part of commercial and civil relations. However, their distinctive technical and structural features introduce new challenges regarding proof, authentication, interpretation, and fulfillment of contractual obligations. This research first explores the concept and essential validity elements of electronic contracts under Iranian law, followed by an analysis of the main types of breaches, including non-performance, misinformation, technical failures, system defects, and problems related to digital signatures. The legal consequences of such breaches are then discussed in the context of contractual and tort liability, the possibility of claiming damages, evidentiary value of electronic data, and the role of judicial practice. Findings indicate that weaknesses in technical infrastructure, lack of standardized digital signatures, institutional inconsistency, and insufficient judicial expertise contribute to increased disputes and reduced reliability of digital transactions. Finally, several recommendations are presented, including the adoption of comprehensive legislation, establishment of a national platform for electronic contract registration, enhancement of digital signature mechanisms, and development of electronic dispute resolution systems.
کلیدواژهها English