Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law

The Commercial Code of Iran (adopted in 1932) is the most important set of laws related to commercial affairs in Iran, which forms the basis of Iranian commercial law. The vast majority of Iranian jurists consider the law inadequate, overly incomplete, and vague. In this regard, and accepting the ne...

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Main Authors: seyede maryam etemad, sajad naeem vafa
Format: Article
Language:fas
Published: University of Science and Culture 2022-04-01
Series:حقوق فناوریهای نوین
Subjects:
Online Access:http://mtlj.usc.ac.ir/article_151033.html?lang=en
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author seyede maryam etemad
sajad naeem vafa
author_facet seyede maryam etemad
sajad naeem vafa
author_sort seyede maryam etemad
collection DOAJ
description The Commercial Code of Iran (adopted in 1932) is the most important set of laws related to commercial affairs in Iran, which forms the basis of Iranian commercial law. The vast majority of Iranian jurists consider the law inadequate, overly incomplete, and vague. In this regard, and accepting the need for amendment, we review the trade bill that has been prepared for this purpose. Given the complexity of the topic, we will only look at the definition of a trader and business practices in the new bill, which is the foundation of the Commercial Code and distinguishes the trader from the non-trader. For this purpose, we first state the main goals of the bill and then examine the success or failure of achieving these goals. Finally, since e-commerce oversees the use of electronic communications in the business process and is a means of doing business, it is inevitable to refer to the corresponding concept in e-commerce law, the concept of "supplier". After analysing the issue, we concluded that by comparing Articles 1 and 2 of the current Commercial Code with Article 1 of the bill, the fundamental changes considered by the Office of Economic Studies of the Deputy Minister of Planning and Economy are not visible, so it cannot be considered a strength listed the innovations of this amendment.
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spelling doaj.art-e81a16bbf3644d59a81015b3ff91087f2023-02-18T16:26:13ZfasUniversity of Science and Cultureحقوق فناوریهای نوین2783-38362022-04-0135193210.22133/MTLJ.2022.330721.1076Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Lawseyede maryam etemad0 sajad naeem vafa1 PhD in Private Law, Shahr-e-Danesh Institute for Legal Studies and Research, Tehran, IranMSc of Information Technology, Borhan Institute of ICT Law Development, Tehran, IranThe Commercial Code of Iran (adopted in 1932) is the most important set of laws related to commercial affairs in Iran, which forms the basis of Iranian commercial law. The vast majority of Iranian jurists consider the law inadequate, overly incomplete, and vague. In this regard, and accepting the need for amendment, we review the trade bill that has been prepared for this purpose. Given the complexity of the topic, we will only look at the definition of a trader and business practices in the new bill, which is the foundation of the Commercial Code and distinguishes the trader from the non-trader. For this purpose, we first state the main goals of the bill and then examine the success or failure of achieving these goals. Finally, since e-commerce oversees the use of electronic communications in the business process and is a means of doing business, it is inevitable to refer to the corresponding concept in e-commerce law, the concept of "supplier". After analysing the issue, we concluded that by comparing Articles 1 and 2 of the current Commercial Code with Article 1 of the bill, the fundamental changes considered by the Office of Economic Studies of the Deputy Minister of Planning and Economy are not visible, so it cannot be considered a strength listed the innovations of this amendment.http://mtlj.usc.ac.ir/article_151033.html?lang=enbusinesstradersuppliercommercial codetrade billelectronic commerce law
spellingShingle seyede maryam etemad
sajad naeem vafa
Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
حقوق فناوریهای نوین
business
trader
supplier
commercial code
trade bill
electronic commerce law
title Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
title_full Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
title_fullStr Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
title_full_unstemmed Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
title_short Recognizing the Trader in Light of Iranian Trade Bill (2012) by Examining Corresponding Concepts in Commercial Code and Electronic Commerce Law
title_sort recognizing the trader in light of iranian trade bill 2012 by examining corresponding concepts in commercial code and electronic commerce law
topic business
trader
supplier
commercial code
trade bill
electronic commerce law
url http://mtlj.usc.ac.ir/article_151033.html?lang=en
work_keys_str_mv AT seyedemaryametemad recognizingthetraderinlightofiraniantradebill2012byexaminingcorrespondingconceptsincommercialcodeandelectroniccommercelaw
AT sajadnaeemvafa recognizingthetraderinlightofiraniantradebill2012byexaminingcorrespondingconceptsincommercialcodeandelectroniccommercelaw