نوع مقاله : مقاله پژوهشی
1 استادیار گروه اقتصاد دانشکده اقتصاد، دانشگاه شهید بهشتی
2 کارشناس ارشد حقوق اقتصادی، دانشکده حقوق، دانشگاه شهید بهشتی (نویسنده مسئول)
عنوان مقاله [English]
One of the advantages of e-commerce is the possibility of concluding a contract via the Internet. The success of online trading is due to the fact that it provides the consumer with the opportunity to offer a wide range of sales without limiting working hours and business hours as well as competitive prices. Simultaneous comparison of different websites that provide the same services makes it more convenient for consumers to browse and collect detailed information to make a satisfied choice with no need of dealing directly with sales associates. But the problem of imbalance in terms of level of awareness, expertise and power between producers and consumers in this environment is very obvious, as the consumer remains helpless by violating the commitment of the trader. How do we can bring this balance back to the e-commerce market that works out for both parties? And do traditional laws have the ability to respond to the virtual conditions of electronic transactions? Based on efficiency criteria, we show which of the solutions of traditional laws (fulfillment of the same obligation, termination of the contract and payment of damages) is suitable for breach of the obligation in the electronic environment, and what are the optimal solutions for shopping websites, merchant, consumer.