2018 Volume 3 Issue 2 Supplementary
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INVESTIGATING THE PERFORMANCE VALIDITY OF COMPUTER AS THE ELECTRONIC REPRESENTATIVE


Hussein MEHRPOOR1, Mahmoud MADANI BEJESTANI2, Seyyed Shokrollah HOJABR KALALI3
Abstract

In line with unifying Iran’s law with the cyberspace, the present study aims at investigating the computer’s legal performance in producing, sending, receiving, storing and/or processing the data message. Although there exists no discrepancy between the 1996 model law contents of electronic commerce in UNCITRAL and the 2005 Convention on the use of electronic communication in International contracts with Iran’s domestic Electronic Commerce Law regarding the legal performance of computer, the computer performance is experiencing challenging conditions in such a manner that until before the attribution of data message, it has been exclusively following the lead of the general international law and not a trace of law contradiction has been detected but an essential challenge has occurred in the electronic contracts resulting from the computer performance after the attribution of data message. That is because the emergence of conflict in the international electronic contracts is a sure thing. The appropriate solution for the removal of the extant challenges and gaps in Iran’s electronic commerce law is to be sought in joining the convention on the use of electronic communication in the international contracts as specified by UNCITRAL in 2005. Iran’s electronic commerce law, as well, can be enforced for the domestic electronic contracts.


Issue 2 Volume 11 - 2026