Verification and Interpretation of Electronic Contracts in Iranian Law

Abstract

Electronic commerce has rapidly developed despite its short history and its complexity and expansion is increasingly added. The prevalence of the use of electronic devices in contracts and the diversity of the contract convening methods are followed by legal effects and the legal conflict will eventually create and the electronic feature of the contract is not considered a preference. An electronic contract does not have any difference with the rest of the contracts and the problem in regard to convening and identifying and validating of other methods of interaction are also true about electronic contracts. The aim of this study is to investigate the role of the electronic reasons in the verification of the contract in the cyber space and the conditions of the reasons in order to verify a contract and its features to be accepted in the court. In the evidence of the claim assertion, the original document is a secure criterion to recognize its integrity and authenticity and in the electronic evidence, the original document is not as a version to be created by the document issuer. On the other hand, the electronic evidence does not have the material and tangible nature. Accordingly, the realization of the original concept is not possible in its traditional form. But, the use of technical methods of the functions of an original document can be provided in the electronic evidence. Therefore, it is necessary to use electronic signature to recognize the originality of the document and the authenticity of the electronic documents concepts.