A LEGAL AND JURISPRUDENTIAL STUDY OF THE OPTION OF INSPECTION IN ELECTRONIC TRANSACTIONS

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JANALINEZHAD SEYYED MAHDI; ZAREI MOHAMMAD MAHDI

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:53 Page(s): 37-54

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Title

A LEGAL AND JURISPRUDENTIAL STUDY OF THE OPTION OF INSPECTION IN ELECTRONIC TRANSACTIONS

Author(s)

JANALINEZHAD SEYYED MAHDI | ZAREI MOHAMMAD MAHDI | Issue Writer Certificate

Keywords

THE OPTION OF INSPECTIONQ1

ELECTRONIC TRANSACTIONQ1

INTERNETQ1

WAIVEQ1

Abstract

Electronic transactions are communicated via an electronic medium, such as the Telegram, INTERNET or an email. The use of option of inspection regulation is presumed to be applicable in some parts of ELECTRONIC TRANSACTIONs, due to meeting the demands of the parties to the transaction on the one hand, and complying with the requirements of traditional transaction on the other hand, despite the fact that THE OPTION OF INSPECTION has been mostly dedicated to the traditional transactions to ensure the enforceability of transactions in all relevant jurisdictions. In this regard, the legislature has stipulated some provisions in the civil law related to THE OPTION OF INSPECTION and also consumer protection in ELECTRONIC TRANSACTION to support the parties. The purpose of this study was to investigate different features of inspection option and overview the unreal description option within the ELECTRONIC TRANSACTION requirements as well as to focus on some related problems. It was concluded from the study that there is a possibility that the inspection option could be used in some certain circumstances but not for other ones. Such difference mostly depends on both the "description" and "supply" provided in virtual space. Unless the transaction statutes are conducted by some communication means other than electronic means such as phone, telegraph, short message service and so on, otherwise in the case of using electronic means including video conference, email, chat and websites, it will be expressly excluded from the scope of agreement. Accordingly, the inspection option can be used if the transaction statutes are conducted by some communication means other than electronic means such as phone, telegraph, short message service and so on. However, the inspection option for supplying goods can be executed if the stipulations do not in any way WAIVE the fundamental requirements set forth in the substantive law governing the transaction.

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APA: Copy

JANALINEZHAD, SEYYED MAHDI, & ZAREI, MOHAMMAD MAHDI. (2018). A LEGAL AND JURISPRUDENTIAL STUDY OF THE OPTION OF INSPECTION IN ELECTRONIC TRANSACTIONS. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(53 ), 37-54. SID. https://sid.ir/paper/134203/en

Vancouver: Copy

JANALINEZHAD SEYYED MAHDI, ZAREI MOHAMMAD MAHDI. A LEGAL AND JURISPRUDENTIAL STUDY OF THE OPTION OF INSPECTION IN ELECTRONIC TRANSACTIONS. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(53 ):37-54. Available from: https://sid.ir/paper/134203/en

IEEE: Copy

SEYYED MAHDI JANALINEZHAD, and MOHAMMAD MAHDI ZAREI, “A LEGAL AND JURISPRUDENTIAL STUDY OF THE OPTION OF INSPECTION IN ELECTRONIC TRANSACTIONS,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 53 , pp. 37–54, 2018, [Online]. Available: https://sid.ir/paper/134203/en

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