Non-contractual Liability of the Infringement of Consumer’s Rights in Electronic Commerce

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 Bachelor student, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.48300/jlr.2022.334302.2003

Abstract

The development of e-commerce and the widespread conduction of transactions using electronic tools have led to an increased tendency towards the implementation of electronic transactions among consumers. E-commerce, like any other commercial market, is customer-centered so the protection of consumers is an unavoidable necessity; in particular, the electronic environment, in addition to its significant benefits for the consumer, has brought many challenges such as infringement of rights with new tools and large dimensions, and in many cases, there is no contractual relationship between the infringer and the consumer. The majority of researches, concerning consumer protection have merely concentrated on contractual liability; however, the present study examines the protection of consumer rights in the electronic environment with a focus on non-contractual liability, which is a new and practical issue. To address this academic gap through a library research approach, our main inquiry is whether the regime of the non-contractual liability for consumer protection in e-commerce is different from physical commerce? And do Iranian law have clear and comprehensive regulations in this regard?

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 24 August 2022

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