The Proviso of Succession in the Electronic Agreements

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Khademi Kousha Mohammad Ali

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Title

The Proviso of Succession in the Electronic Agreements

Author(s)

Khademi Kousha Mohammad Ali | Issue Writer Certificate

Keywords

Electronic BusinessQ1

Succession of Necessitating and AcceptanceQ1

Electronic AgreementQ1

Succession in ContractQ1

Abstract

One of the issues and problems discussed in the Electronic Agreements is the proviso of succession between necessitating and acceptance. Because, according to some legal articles and jurisprudential viewpoints, the succession between necessitating and acceptance is necessary. On the other hand, it seems, at the first glance, that there is a gap between necessitating and acceptance and the proviso cannot be observed. This article, after studying the elementary basis for the necessity of succession and its background, collecting and analyzing all the reasons of this proviso and comparing them with the Electronic Agreement, and also after studying the existence of succession and the possibility of observing it in such agreements, has reached to this legal conclusion that, first, the succession between necessitating and acceptance is not necessary due to the insufficiency of the reasons of the proviso. Second, if the mentioned reasons are enough it does not include the electronic and written agreements. Third, in Electronic Agreement, even in Off-line form, there is a succession between necessitating and acceptance or it is possible to make succession. Therefore, according to all jurisprudential viewpoints, the Electronic Agreement is either totally correct or there is a possibility to contract such an agreement by observing succession.

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APA: Copy

Khademi Kousha, Mohammad Ali. (2018). The Proviso of Succession in the Electronic Agreements. ISLAMIC JURISPRUDENCE RESEARCH, 14(3 ), 707-730. SID. https://sid.ir/paper/220964/en

Vancouver: Copy

Khademi Kousha Mohammad Ali. The Proviso of Succession in the Electronic Agreements. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;14(3 ):707-730. Available from: https://sid.ir/paper/220964/en

IEEE: Copy

Mohammad Ali Khademi Kousha, “The Proviso of Succession in the Electronic Agreements,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 14, no. 3 , pp. 707–730, 2018, [Online]. Available: https://sid.ir/paper/220964/en

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