Treaty Legal Research

Treaty Legal Research

Comparative study about Documents in 2003 Iranian Electronic Commerce Law and 1996 UNCITRAL Model Law

Document Type : Original Article

Authors
seyyed mohsen ghaem fard 1
mohammadjavad heydariandolatabadi 2
1 law department- Isfahan university
2 law department. U.Isfahan
Abstract
Information in cyberspaces is transferred through data-message, some of these data include the creative will of their producers, which leads to the formation of juridical acts in this space. The parties to the electronic relations shall inevitably resort to evidence in substantiation of claims in order to defend their own rights. Among the most important proofs most frequently used in this space are electronic documents. In this research, we focusing on 2003 Iranian Electronic Commerce Law and 1996 UNCITRAL Model Law explain the status of data-message, and as per civil code of articles concerning the documents, deal with describing the document in the cyberspace. The principle of electronic document acceptance has been established in Iranian system of proofs for claim substantiation, but the necessary mechanisms for it has not yet come into existence, where some of the existing laws such as the registration of real estate and documents consider the domain of issuance of notarized documents in the form of attendance; the acceptance principle of attendance by both parties before the Notary means the psychological ascertainment of documents by the applicant and his free will; hence, the lack of physical attendance will result in an increase of fraud, forgery and abuse. This is the problem which has made the advocates of electronic registry think of a solution by limiting the scope of the issuance of electronically notarized documents.
Keywords
evidence in substantiation of claims- electronically notarized documents – Document
Subjects

  1. Sources and references

    1. Ahangi, Batwell (2003), "Securing Electronic Contracts", Neda Sadegh Journal, Eighth Edition, No. 30. Page Number 67-88
    2. Behzadpour, Saeed (2007), "The law of e-commerce and its innovations," Journal of Legal Justice, No. 59. Page Number 49-70.
    3. Dr. Emami, Seyyed Hassan (1972), Civil Rights, Volume 6, Islamih Bookstore Publishing
    4. Dr. Matin Daftari, Ahmad (1999), Civil Procedure Code, Volume Two, Majd Publication.
    5. Dr. Shams, Abdullah (2006), Civil Procedure Code, Volume 3, Drakan Publishing House,
    6. Elsan, Mostafa (2006), "The Position of Digital Signatures in Electronic Signature Registration," The Legal Monthly of the Head of Nuns and Officers, No. 55. No. 51-73.
    7. Katouzian, Dr. Naser (2005), proof and proof of proof, volume one, publication of rate.
    8. Kay Nia, Mehdi (2009), electronic signature, publishing rate, first print, summer.
    9. Model law in electronic commerce with guide to enactment (1996) see at: www. uncitral. org.
      1. Model law on electronic signatures (2001), see at: www. uncitral. org.
      2. Rommbery. Christina hultmark (2001), the electronic commerce and for mation of contract in a comparative prepective glabal gurist advances voll ISVE.
      3. Sadrzadeh Afshar, Seyed Mohsen (1997), Evidence of Claims in Iranian Law, University Press Publishing Center, Fourth Edition.
      4. Scott M. Giordano (2004), information systems frontiecs 6:26 (Electronic evidence and the law) kluwer academic publishers.
      5. The Institute for Business Studies and Research (2004), "The Development of Electronic Commerce in Iran, Challenges and Ways to Improve Productivity", Second Edition,
      6.  Institute of Business Studies and ResearchModel law in electronic commerce )1996(, with additional article 5 bis as adopted in 1998, see at: www. uncitral. org.
      7. United Nations convention on the use of electronic communications in international contracts (2000), see at: www. uncitral. org.

     

    Web sites:

    1. Saket, Mohammad, Electronic evidence from technical point of view, Qazvin court site.
    2. http. europa eu int /eur-lex
Treaty Legal Research
Volume 2, AUTUMN - Serial Number 4
Autumn 2018
Pages 197-218

  • Receive Date 18 August 2018
  • Revise Date 18 January 2019
  • Accept Date 17 November 2018