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Challenges of Legal Commercial Act in Cyberspace (in Persian)

Author

Listed:
  • Bagheri, Mahmoud

    (Ph.D. in Economics, University of Tehran)

  • Noshadi, Ebrahim

    (Ph.D. Student of Internatioanl Law, Teacher Payame Noor University)

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.

Suggested Citation

  • Bagheri, Mahmoud & Noshadi, Ebrahim, 2011. "Challenges of Legal Commercial Act in Cyberspace (in Persian)," The Journal of Planning and Budgeting (٠صلنامه برنامه ریزی Ùˆ بودجه), Institute for Management and Planning studies, vol. 16(1), pages 27-46, May.
    • Handle: RePEc:auv:jipbud:v:16:y:2011:i:1:p:27-46
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