The UN Convention “Around” Electronic Contracts: An Iranian Round

Abstract

The increased uses of electronic means in commercial activities give enough causation for lawyers’ attempt to protect legal rules. Although it seems that the new circumstances don’t have so many substantial differences with whatever was the base of decision making of legal authorities, some ambiguousness has appeared the need to legality of arguments in judges’ landscape and encouraged attempts of states to adopt the laws as essential matters of electronic commerce. The special nature of electronic relations – that potentially can be originative legal effects out of the borders – was another important reason for the involved states to make laws about it. United Nations Convention on the Use of Electronic Communications in International Contracts shall not be analyzed as legislation on substantial aspects of electronic contracts. Rather, it can be surveyed as a supplementary source for former conventions and guideline for resolving certain modern problems of Information Technology age. About Iranian Law, the paper especially examine the Iranian Electronic Commerce Act as a proof for concluding that the necessity of ratification of Convention by Iranian parliament was undeniable fact. Of course, the necessity of acceding to this Convention was duly recognized on September 20, 2023 by “The Act on the Approval of the United Nations Convention on the Use of Electronic Communications in International Contracts.