Analysing legal status of electronic agents in contracting through interactive websites: comparative study of American, English and EU laws developing Iranian legal system

摘要

In the modern world, electronic communications play a significant role in national and international electronic transactions. This issue has forced all legal systems to face up to many emerging legal problems in the context of electronic communications, such as the legal status of electronic agents in contracting electronically. Regarding the legal validity of e-contracts made through interactive websites, the legal status of electronic agents which play an important role in this process is questionable to see whether they are akin to real agents in the physical world or they are only a mere tool of communication. The current article tries to analyse this question by criticising a number of theories and some others based on the technical nature of the Internet, the traditional legal rules and principles and the UNCITRAL regulations on e-commerce and also the statues of American, English and EU laws on e-commerce to develop Iranian legal system.