Verification and Interpretation of Electronic Contracts in Iranian Law

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

کلیدواژه ها:

Electronic Contracts ، Contract Interpretation ، Assertion ، Evidence ، Responsibility