The Principle of Contractual Binding Force and New Technologies: A Jurisprudential-Legal Analysis of the Enforceability of Electronic Contracts in Iranian Law
Subject Areas :Fatemeh Rasekhi nejad 1 , Ataollah Esmaeili 2 * , Mostafa Khazal Vashi 3
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
2 - Assistant Professor of Jurisprudence and Islamic Sciences, Department of Quranic and Hadith Sciences, Faculty of Literature and Human Sciences, University of Guilan, Rasht, Iran.
3 - Faculty Member in Criminal Law and Criminology, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.
Keywords: Principle of Binding Force of Contracts, Electronic Contract, Shia Jurisprudence, Iranian Law, Electronic Commerce, Electronic Signature, Data Message ,
Abstract :
The rapid evolution of communication and information technologies in recent decades has fundamentally transformed the traditional structure of legal relations, particularly the methods of contract formation. Electronic contracts, as one of the most significant manifestations of this transformation, now play a pivotal role in economic, commercial, and even administrative interactions. With the widespread adoption of digital platforms, a critical question arises: do contracts concluded through electronic instruments possess the same binding force and validity as traditional contracts?The primary objective of this research is to examine the binding nature of electronic contracts, relying on the principle of the binding force of contracts (Pacta Sunt Servanda) within Shia jurisprudence and the statutory law of Iran. Using a descriptive-analytical method and based on a review of authoritative library sources—including legal texts, jurisprudential works, applicable laws, and the theories of prominent jurists—this study investigates the legal framework surrounding these contracts.The findings indicate that, from the perspective of Shia jurisprudence, the validity and binding nature of a contract depend on the mutual intention and consent of the parties, regardless of whether the instrument of conclusion is traditional or electronic. Furthermore, Iranian law, particularly the Electronic Commerce Act of 2004 (1382 SH), provides the necessary legal foundation for the validity and enforceability of electronic contracts by recognizing "data messages" and electronic signatures. However, challenges remain, including the evidentiary burden of proving the parties' intent, data security concerns, and inconsistencies in judicial practice.In conclusion, this research affirms that the principle of the binding force of contracts applies to electronic contracts and offers recommendations for strengthening the enforcement mechanisms to ensure their legal security and reliability.
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