The acceptance of principle of no restrictions on the methods of expressing the will of individuals in concluding contracts in Imamiyyah jurisprudence and Iranian law, as well as the increasing development of technology and the using of electronic devices by individuals has led to the emergence of a legal phenomenon called electronic contracts. Iranian legislature also has adopted a law under the title of Electronic Commerce Law in 2003. There is no definition of electronic contract in this law and the legislature only suffices to define the term remote contract which does not seem to show the concept of electronic contract well. According to the study conducted in works of prominent scholars of Imamiyyah jurisprudence and Iranian law, it cannot be said that this type of contract has been defined or at least a precise definition has been provided. Even, there is disagreement among jurisprudential scholars and jurists in the definition of contract. The simplest and most general definition of this type of contract is that it is a contract concluded by electronic devices. This definition does not seem to be accurate and in accordance with the Iranian e-commerce law. Therefore, this article will examine the nature and concept of electronic contracts.
نراقی، ملا احمد (1408ق). مستند الشیعة، ج14، قم: مؤسسۀ آلالبیت(ع).
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Shafi'i Nasab,S S , Qorbani,M A and Rahman Setayesh,K . (2022). Investigating the Concept and Nature of Electronic Contract in Imamiyyah Jurisprudence and Iranian law. Religious Researches, 18(3), 711-731. doi: 10.22059/jorr.2021.315977.1009002
MLA
Shafi'i Nasab,S S , , Qorbani,M A , and Rahman Setayesh,K . "Investigating the Concept and Nature of Electronic Contract in Imamiyyah Jurisprudence and Iranian law", Religious Researches, 18, 3, 2022, 711-731. doi: 10.22059/jorr.2021.315977.1009002
HARVARD
Shafi'i Nasab S S, Qorbani M A, Rahman Setayesh K. (2022). 'Investigating the Concept and Nature of Electronic Contract in Imamiyyah Jurisprudence and Iranian law', Religious Researches, 18(3), pp. 711-731. doi: 10.22059/jorr.2021.315977.1009002
CHICAGO
S S Shafi'i Nasab, M A Qorbani and K Rahman Setayesh, "Investigating the Concept and Nature of Electronic Contract in Imamiyyah Jurisprudence and Iranian law," Religious Researches, 18 3 (2022): 711-731, doi: 10.22059/jorr.2021.315977.1009002
VANCOUVER
Shafi'i Nasab S S, Qorbani M A, Rahman Setayesh K. Investigating the Concept and Nature of Electronic Contract in Imamiyyah Jurisprudence and Iranian law. Religious Researches. 2022;18(3):711-731 (In Persian). doi: 10.22059/jorr.2021.315977.1009002