نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری فقه و حقوق خصوصی ، دانشگاه و مدرسه عالی شهید مطهری (ره)، تهران ، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
With the rapid expansion of the digital economy, e-commerce platforms have become central actors in contracts between suppliers and consumers. This development has raised new legal challenges, particularly regarding civil liability. Ambiguities concerning the legal nature of these platforms and the scope of their obligations for damages suffered by consumers necessitate a precise legal analysis. The primary question of this study is: What are the foundations, elements, and scope of civil liability of online platforms in consumer contracts under Iranian and United Arab Emirates law? Using a descriptive–analytical method and a comparative approach, this article examines existing laws and regulations, including Iran’s Electronic Commerce Act and the UAE’s federal e-commerce legislation, while analyzing the underlying jurisprudential principles and general doctrines governing civil liability. The findings indicate that the Iranian legal system primarily relies on general civil liability rules, such as causation and fault, whose application to modern business models faces significant challenges. In contrast, UAE law, through more recent regulations, provides a clearer framework for consumer protection and delineates the liability of online intermediaries. Ultimately, this study highlights the legal gaps in Iranian law and offers recommendations for reforming regulations to ensure more effective consumer protection in the digital marketplace.
کلیدواژهها [English]
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