scholarly journals Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law

2016 ◽  
Vol 10 (1) ◽  
pp. 145
Author(s):  
Seyed Abolhasan Mosavi ◽  
Abdolmohammad Afrogh

Cyberspace is considered as one of the most modern means for the conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of credibility, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on the formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Acts and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations of the contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace, but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of the location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.

2016 ◽  
Vol 10 (1) ◽  
pp. 32
Author(s):  
Syed Abolhasan Mosavi ◽  
Abdolmohammad Afrogh

Cyberspace is considered as one of the most modern means for conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of creditability, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Act and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations at contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.


2020 ◽  
Vol 2020 (27) ◽  
pp. 76-82
Author(s):  
Rahmadi Indra Tektona ◽  
Ayudya Rizqi Rachmawati

The article is motivated by the practical preference from conventional alternative dispute resolution to online dispute resolution as information and communication technology progresses, especially in electronic commerce. It aims to provide a concept about the fore on regulations of online dispute resolution as an alternative dispute resolution applicable to electronic commerce in Indonesia. This normative legal research which uses statute and comparative approach provides an explanation on the importance of regulating online dispute resolution so as to give legal certainty and legal protection to consumers of electronic commerce.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 119
Author(s):  
Bambang Tri Bawono

The development of information and communication technology resulted in the form of agreements turned into electrical forms, which are commonly referred to as electronic contracts. Discussion on electronic contracts refers to Article 46 paragraph (2) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions must also fulfill the legal conditions of the agreement. Based on this case, it is necessary to do a deeper study of the electronic contract, because it certainly has the potential to not fulfill the legal conditions of the agreement.Method research used in this research is library research. While the approach in this study uses a normative juridical approach. The source of legal material in this study uses primary and secondary legal materials.The results of this study state that the validity of electronic contracts in software applications can be canceled and null and void. Electronic contracts in software applications can be canceled because they do not meet the subjective requirements in terms of skills. This is because those who make electronic contracts through click warp have the potential to be immature, because they are under 18 years of age. Especially in the context of the use of smartphones or other devices related to the use of software applications, there are no clear rules regarding the minimum limits of users of such smartphones or devices. While the electronic contract has the potential to be null and void because the electronic contract is potential to conflict with the laws and regulations of Article 47 paragraph (1) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions. Electronic contracts in software applications are generally made using foreign languages, while Article 47 paragraph (1) requires that electronic contracts faced by Indonesian citizens must be made in Indonesian.Keywords: Electronic Contracts; Click Warp Agreement; Terms of Legitimate Agreement. 


2021 ◽  
Vol 2021 (69) ◽  
pp. 67-86
Author(s):  
ميس اسعد عبد الحسن ◽  
أ. د. هناء عبدالغفار

E-business has become in the light of the new global digital economy, knowledge and an important requirement and a necessity for sustainable development, as the revolution in information and communication technology has made a qualitative leap in innovating the most successful methods and methods in promoting products and services, opening the door wide to free competition in a world that is not governed by only the features of self-confidence first and others secondly and seeks Research to assess the Iraqi readiness for electronic commerce through a set of indicators for the seven policies that have been identified internationally by the International Trade and Development Organization to assess the readiness of countries.


2002 ◽  
Vol 29 (5) ◽  
pp. 729-755 ◽  
Author(s):  
Galit Cohen ◽  
Peter Nijkamp

Information and communication technology (ICT) is widely accepted as a potentially favourable set of instruments, which may improve the welfare and competitiveness of nations and cities. Nowadays, both public and private actors aim to exploit the expected benefits of ICT developments. The authors seek to investigate the potential of ICT use at an urban level and, in particular, to shed more light on various factors that influence urban ICT policies in the public domain. First, a conceptual framework, designed to improve understanding of the driving forces of urban ICT policies, is outlined. It focuses on the way decisionmakers perceive their city, and shape their opinions about ICT; it addresses in particular the way these decisionmakers evaluate the importance of ICT for their city. Next, interviews with urban decisionmakers in different European cities in three countries (Austria, Spain, and the Netherlands) are used to analyse the complex relationship between perceived urban characteristics (for example, nature of problems and urban image), personal attitudes towards ICT, administrative features of the cities concerned, and perceptions of the relevance of ICT to the cities. The authors' main focus is on the identification of a possible systematic relationship between the aforementioned explanatory factors and urban decisionmakers' attitudes towards ICT policies. Understanding the decisionmakers' perceptions is an important step towards grasping the nature and substance of the policy itself, and may explain some of the variance among different cities. Because the ‘urban ICT’ discourse is still relatively new, an open-interview method is used to capture a variety of different views and perceptions on ICT and on the information age in the city. With the aid of qualitative content analysis, the interview results are transformed into a more systematic and comparable form. The results suggest that even interviewees from the same city may have a different understanding of their urban reality whereas, on the other hand, cities with different characteristics may appear to suffer from similar problems. Moreover, the authors found a wide range of attitudes toward ICT and its expected social impacts, although most of the interviewees appeared to be more sceptical than had been expected. The authors identified a clear need for a more thorough investigation of background factors and, therefore an approach originating from the field of artificial intelligence—rough-set analysis—was deployed to offer a more rigorous analysis. This approach helped in the characterisation and understanding of perceptions and attitudes regarding urban policies, problems, and images.


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Ida Farida ◽  
Sunandar Sunandar ◽  
Aryanto Aryanto ◽  
Hetika Hetika ◽  
Krisdiyawati Krisdiyawati

Website melalui Social Networking Marketing adalah salah satu cara memasarkan produk UMKM. Dengan memanfaatkan e-Commerce dalam operasional bisnisnya, UMKM akan mendapatkan akses pasar yang lebih luas dan berpeluang menggaet pelanggan baru. Tolok ukur keberhasilan program dilakukan adalah dengan melihat kemampuan peserta dalam pengusaaan teknologi memasarkan produk dengan menggunakan website melalui Social Networking Marketing. UMKM atau industri yang bergerak dalam usaha Batik dan makanan di Kota Tegal termasuk banyak. Namun sentra usaha Batik Tegalan misalnya, kompetitor utamanya adalah para pengrajin batik yang ada di Kabupaten Brebes dan Kabupaten Pekalongan yang merupakan sentra batik dan sudah terkenal. Berdasarkan hasil survey dan wawancara tim dengan para pelaku UMKM “dijumpai permasalahan yang dihadapi antara lain yaitu, dalam memasarkan masih menggunakan secara konvensional yaitu menunggu pesanan dari para pembeli sehingga penjualannya hanya bisa memenuhi kebutuhan di tingkat lokal yaitu Kota. Untuk mengatasi permasalahan mitra maka diperlukan suatu teknologi informasi dan komunikasi atau yang dikenal dengan istilah Information and Communication Technology (ICT) dan internet telah merambah berbagai bidang kehidupan tidak terkecuali bidang bisnis dan perdagangan. Salah satu penerapan ICT dan internet dalam bidang bisnis dan perdagangan adalah electronic commerce (e-commerce).


2008 ◽  
Vol 38 (3) ◽  
pp. 316
Author(s):  
Wenny Setiawati

AbstrakThis paper abserves the development in the discussion of e-commerce as across cutting issue in WTO and how the issue affected Indonesia primarily inthe information and communication technology (ICT) area. The explorationwill focus on e-commerce discussion and the progress starting from the FirstMinisterial Conference to the Fifth. The observation will also broaden to allrelated issue of the topic in this research, such as intellectual property rightsand ICT Under the author analysis, there is one thing that Indonesiangovernment can take advantage, the joining in Information TechnologyAgreement (ITA). Because ITA was, establish in the purpose of encouragingnations to develop their ICT so there will be development in the ICT in orderto create of fair competition. The encouragements were given in the form ofreducing custom and duties on technology used for ICT More authoropinion that Indonesia must see ITA as the facility in building up the ICT inthe country, despite the debate on the categorization of e-commerce, whetheras good or service. Indonesia must take an immediate step redeem necessaryto compete in the globalization of commerce, and maximizing the ICTdevelopment through available facility is one possible step right now.


2012 ◽  
Vol 43 (4) ◽  
pp. 222-231 ◽  
Author(s):  
Nina Hansen ◽  
Tom Postmes ◽  
Nikita van der Vinne ◽  
Wendy van Thiel

This paper studies whether and how information and communication technology (ICT) changes self-construal and cultural values in a developing country. Ethiopian children were given laptops in the context of an ICT for development scheme. We compared children who used laptops (n = 69) with a control group without laptops (n = 76) and a second control group of children whose laptop had broken down (n = 24). Results confirmed that after 1 year of laptop usage, the children’s self-concept had become more independent and children endorsed individualist values more strongly. Interestingly, the impact of laptop usage on cultural values was mediated by self-construal (moderated mediation). Importantly, modernization did not “crowd out” traditional culture: ICT usage was not associated with a reduction in traditional expressions (interdependent self-construal, collectivist values). Theoretical and practical implications are discussed.


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