A Comparative Study on the Role of the Electronic Commerce Act in Remote Transactions and Its Effect on Compensation from Iran and France Legal Perspective

  •  Leila Ghashghaei    
  •  Ali Ravanan    


Legal implications in various fields of e-commerce transactions are described by means of e-commerce from one of the parties and through the transaction implemented by Internet. Online contracts are a manifestation of true innovation in the field of traditional legal agreements. The main issue of concern is the lack of tools has traditionally been used to express the will of the contract.

The lack of legal grounds to use in e-commerce, such as: Expert of judges, the admissibility of electronic documents, electronic signatures, the principle of good faith, law of consumer protection, commercial and competition law and how to compensate both material and spiritual is the most important challenge of the country's legislative system. The most important distinction between the Iranian and French law is on the implementation of its damage compensation that in French law is detailed discussions covering the damages due to breach of contract litigation is not compensable.

But the other hand, moral damages, such as mental anxiety, loss of credibility and like that is compensable, while this is not done in Iran. Experience of law between Iran and France showed a weak pattern in consumer protection in e-commerce contracts. In this cross-sectional study to evaluate the role of trade in remote transactions and its effect on Iran and France in damage compensation from the legal perspective.

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