Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (Jan 2014)
The Legal Status of Electronic Agents in Electronic Contracts (A Comparative Study)
Abstract
AbstractNumerous legal issues have raised due to the development of moderntechnologies of communication. In the context of contracts, this phenomenonhad significant effects and caused the necessity of considering the application ofissues of contracts in the context of cyberspace. The law of agency is one ofthese issues which its rules are going to be brought up in the context ofelectronic contracts through the present essay. The essay is also going toanalyze the legal role of artificial mind, called 'electronic agent', in the processof electronic contracts through interactive websites. It responds to this keyquestion that whether the electronic agent is a merely a tool of communicationbetween the parties or it has an independent legal personality, or its status issomething else in this process. In this regard, first, contract law in Iran,Electronic Commerce Act (1382) and various doctrines about the analyzing thelegal status of electronic agent are examined and criticized comparatively. Then,the Author’s opinion will be presented.
