UNFAIR TERMS IN IRANIAN LAW IN VIEW OF ARTICLE “46” OF IRANIAN ELECTRONIC COMMERCE ACT

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TAGHIZADEH EBRAHIM; AHMADI AFSHIN

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Journal: PRIVATE LAW Year:2015 | Volume:3 | Issue:10 Page(s): 9-42

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Information Journal Paper

Title

UNFAIR TERMS IN IRANIAN LAW IN VIEW OF ARTICLE “46” OF IRANIAN ELECTRONIC COMMERCE ACT

Author(s)

TAGHIZADEH EBRAHIM | AHMADI AFSHIN | Issue Writer Certificate

Keywords

FAIRNESSQ2

UNFAIR TERMSQ1

CONSUMERQ2

ELECTRONIC COMMERCE ACTQ2

FREEDOM OF CONTRACTQ2

Abstract

In European law and Common Law, on the basis of CONSUMER protection, unfair contractual terms are subject to specific regulation. In domestic law, lack of such regulation can clearly be observed. According to general principles of contract law, these terms seem to be valid. As far as article “46” of ELECTRONIC COMMERCE ACT of I.R.Iran is concerned, UNFAIR TERMS, which are harmful to CONSUMERs, are not effective. Nevertheless, due to the specific and protective basis of E-consumers, this provision does not apply to other cases, and therefore, it is not possible to refer to FAIRNESS under any rubric due to the lack of enforceability. In addition, although the principle of FREEDOM OF CONTRACT, the theory of the ‘will’ parties and the necessity of contract indicate the validity of these terms, judges, in litigation, could deal with dispute resolution based on FAIRNESS. The UNFAIR TERMS in CONSUMER Contracts Directive 93.13/EEC is European Union Directive (then called European Economic Community Directive) which governs the use of surprising or onerous terms used in order to deal with CONSUMERs.

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APA: Copy

TAGHIZADEH, EBRAHIM, & AHMADI, AFSHIN. (2015). UNFAIR TERMS IN IRANIAN LAW IN VIEW OF ARTICLE “46” OF IRANIAN ELECTRONIC COMMERCE ACT. PRIVATE LAW, 3(10 ), 9-42. SID. https://sid.ir/paper/252653/en

Vancouver: Copy

TAGHIZADEH EBRAHIM, AHMADI AFSHIN. UNFAIR TERMS IN IRANIAN LAW IN VIEW OF ARTICLE “46” OF IRANIAN ELECTRONIC COMMERCE ACT. PRIVATE LAW[Internet]. 2015;3(10 ):9-42. Available from: https://sid.ir/paper/252653/en

IEEE: Copy

EBRAHIM TAGHIZADEH, and AFSHIN AHMADI, “UNFAIR TERMS IN IRANIAN LAW IN VIEW OF ARTICLE “46” OF IRANIAN ELECTRONIC COMMERCE ACT,” PRIVATE LAW, vol. 3, no. 10 , pp. 9–42, 2015, [Online]. Available: https://sid.ir/paper/252653/en

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