THE COMPETENT COURT IN CASES RESULTING FROM COMMERCIAL ELECTRONIC CONTRACTS IN AMERICAN AND EUROPEAN LEGAL SYSTEMS

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MAFI HOMAYOUN; ASADIAN SUDABE

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Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2016 | Volume:7 | Issue:1 Page(s): 323-345

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Information Journal Paper

Title

THE COMPETENT COURT IN CASES RESULTING FROM COMMERCIAL ELECTRONIC CONTRACTS IN AMERICAN AND EUROPEAN LEGAL SYSTEMS

Author(s)

MAFI HOMAYOUN | ASADIAN SUDABE | Issue Writer Certificate

Keywords

E-COMMERCEQ2

GENERAL JURISDICTIONQ1

MINIMUM CONTACTS TERMQ2

PERSONAL JURISDICTIONQ2

TARGETING TESTQ1

Abstract

The emergence of the Internet severely affected the social life. Cyberspace, regardless of geographical constraints, has provided the possiblity of fast and affordable communication for all people around the world. The increase of international electronic contracts has caused the courts to confront the challenge of determining jurisdiction in cases involving such contracts. Traditional rules of private international law concerning elimination of conflict of laws are based on connecting factors which have territorial nature and are not easy to determine in cyberspace. The aim of this study is to investigate the possibility of applying the traditional rules of private international law to determine jurisdiction of courts in cases which one contract is concluded or executed via the internet. Given that the European Union and The United States are pioneer in E-COMMERCE and solving cases which arise in this context, this study investigates the approach of these two legal systems in confronting with jurisdiction in cyberspace.

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APA: Copy

MAFI, HOMAYOUN, & ASADIAN, SUDABE. (2016). THE COMPETENT COURT IN CASES RESULTING FROM COMMERCIAL ELECTRONIC CONTRACTS IN AMERICAN AND EUROPEAN LEGAL SYSTEMS. COMPARATIVE LAW REVIEW, 7(1 ), 323-345. SID. https://sid.ir/paper/246253/en

Vancouver: Copy

MAFI HOMAYOUN, ASADIAN SUDABE. THE COMPETENT COURT IN CASES RESULTING FROM COMMERCIAL ELECTRONIC CONTRACTS IN AMERICAN AND EUROPEAN LEGAL SYSTEMS. COMPARATIVE LAW REVIEW[Internet]. 2016;7(1 ):323-345. Available from: https://sid.ir/paper/246253/en

IEEE: Copy

HOMAYOUN MAFI, and SUDABE ASADIAN, “THE COMPETENT COURT IN CASES RESULTING FROM COMMERCIAL ELECTRONIC CONTRACTS IN AMERICAN AND EUROPEAN LEGAL SYSTEMS,” COMPARATIVE LAW REVIEW, vol. 7, no. 1 , pp. 323–345, 2016, [Online]. Available: https://sid.ir/paper/246253/en

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