IDEAS home Printed from https://ideas.repec.org/a/auv/jipbud/v16y2011i3p69-84.html
   My bibliography  Save this article

Legal Validity of the Forum Selection Clause Electronic Contracts (in Persian)

Author

Listed:
  • Noshadi, Ebrahim

    (Iran)

  • Hojatzadeh, Alireza

    (Iran)

Abstract

The lack of a unified jurisdictional rule in civil and commercial issues at international level and global nature of cyberspace caused that effect of a legal acts exceeds the bounds of a country and several courts exercise their jurisdiction to one legal relation by resorting to various factors. To avoid this unwanted jurisdiction, parties of international contract attempted to determine the competent court in the electronic contracts, does this act has legal validity? Can the entities electronically express their will regarding the determination of a competent court? The legislative and judicial approaches indicate that this act has formal legal validity, like written according to principles of functional equality and freedom of form and technical neutrality. But in merits, its validity should be analyzed in the light of principles of forum non convenience, judicial equity and supportive jurisdiction.

Suggested Citation

  • Noshadi, Ebrahim & Hojatzadeh, Alireza, 2011. "Legal Validity of the Forum Selection Clause Electronic Contracts (in Persian)," The Journal of Planning and Budgeting (٠صلنامه برنامه ریزی Ùˆ بودجه), Institute for Management and Planning studies, vol. 16(3), pages 69-84, October.
    • Handle: RePEc:auv:jipbud:v:16:y:2011:i:3:p:69-84
    as

    Download full text from publisher

    File URL: http://jpbud.ir/article-1-407-en.pdf
    Download Restriction: no
    File URL: http://jpbud.ir/article-1-407-en.html
    Download Restriction: no
    File URL: http://jpbud.ir/article-1-407-fa.html
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:auv:jipbud:v:16:y:2011:i:3:p:69-84. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Nahid Jebeli (email available below). General contact details of provider: https://edirc.repec.org/data/irpdair.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.