Analyzing the basic Conditions of Contract Formation in the Conclusion of Electronic Contracts,Responsibilities and Penalties

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Ansarifar Zahra; Kamaei Maryam

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Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 61-76

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Information Journal Paper

Title

Analyzing the basic Conditions of Contract Formation in the Conclusion of Electronic Contracts,Responsibilities and Penalties

Author(s)

Ansarifar Zahra | Kamaei Maryam | Issue Writer Certificate

Keywords

Electronic ContractQ4

Basic Conditions of ContractQ4

Computer ForgeryQ4

Electronic FraudQ4

Abstract

Electronic Contract conclusion as one of the new methods of contract conclusion has attracted the attention of many lawyers and legislators in recent years. These contracts, like traditional contracts, have the basic conditions for forming a contract. The basic conditions for forming a contract are the conditions that, if they are absent, the contract will be void and ineffective. The Electronic Contract, in basic principles and conditions, has the same nature as traditional contract. But despite this formal structure, the electronic environment has given new features and concepts to this type of contracts. The current research was carried out with a descriptive-analytical method, and the purpose of doing it is to examine the conditions of concluding Electronic Contracts, analyze the Basic Conditions of Contract formation, the difference between the basic conditions of concluding a contract in traditional contracts and Electronic Contracts, and the liability resulting from the violation of these conditions. Some of the findings of this research show that concluding an Electronic Contract has many advantages, including reducing costs, saving time, and ease of access to the contract. However, concluding an Electronic Contract can also lead to some criminal liability. The parties of Electronic Contracts will be responsible for compensating the damages caused to each other if they do not comply with the basic conditions of forming the contract. These damages can include material, and moral damages and benefits that the contracting party has lost due to non-fulfillment of contractual obligations. In addition, the parties to Electronic Contracts, in case of committing computer crimes, including computer fraud, Computer Forgery, etc., during the conclusion of the contract, will be sentenced to the penalties prescribed in the electronic commerce law.

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