Challenges of Legal Commercial Act in Cyberspace (in Persian)

Mahmoud Bagheri and Ebrahim Noshadi ()
Additional contact information
Mahmoud Bagheri: Ph.D. in Economics, University of Tehran
Ebrahim Noshadi: Ph.D. Student of Internatioanl Law, Teacher Payame Noor University

The Journal of Planning and Budgeting (٠صلنامه برنامه ریزی و بودجه), 2011, vol. 16, issue 1, 27-46

Abstract: Jurisdiction and applicable law issue in cyberspace is one of the most challenging issues of the private international law, because conventional jurisdiction rules traditionally have territorial origin and are based on border and location while there is no place in cyberspace. This placeless characteristic of cyberspace raised these questions: whether traditional Jurisdiction rules which are based on location and are prescribed for application within certain territories are compatable with cyberspace and applicable in this area? And can we regulate legal act that occurs in this space by the traditional competence legal rules or is nessasary to establish different rules for this area? This challenge has theoritical and practical appraoches. To solve this problem, legislators established universal, regional and internal law which hasn’t resulted in establishment a separate legal system for legal act in cyberspace. Emphasizing applicatory equality and technical neutrality as two principles, legislators have chosen adaption of existing jurisdiction rules for legal acts in cyberspace.

Keywords: Jurisdiction; Choice of Law; Electronic Contract; Cyberspace. (search for similar items in EconPapers)
Date: 2011
References: Add references at CitEc
Citations:

Downloads: (external link)
http://jpbud.ir/article-1-272-en.pdf (application/pdf)
http://jpbud.ir/article-1-272-en.html (text/html)
http://jpbud.ir/article-1-272-fa.html (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:auv:jipbud:v:16:y:2011:i:1:p:27-46

Access Statistics for this article

More articles in The Journal of Planning and Budgeting (٠صلنامه برنامه ریزی و بودجه) from Institute for Management and Planning studies Contact information at EDIRC.
Bibliographic data for series maintained by Nahid Jebeli ( this e-mail address is bad, please contact ).