نوع مقاله : مقاله علمی - پژوهشی
نویسنده
گروه حقوق، دانشکدۀ حقوق و علوم اجتماعی، دانشگاه پیام نور، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the new way, due to the widespread use of the internet and the widespread use of electronic communications, the contract may be concluded in new forms, including the expression of will through emoticons. The research method is analytical-descriptive and based on the library method; The content of the foreign opinion was analyzed using books and articles and valid scientific data and led to results for use in Iran's legal system. in a decision issued by a Canadian court, due to the court's belief in accepting the request by an emoticon (emoji) sent in response to the request of a grain buyer and as a result of forming a contract, one of the parties is required to pay a significant amount to the buyer as a non-fulfillment of the contract. Emoticons, including emoticons and emojis, are now considered one of the means of expression including the expression of contractual will based on acceptance due to their widespread use. If the emoticon used clearly indicates the concept of approval, the contract will be formed, but if the concept of rejection or non-acceptance, it will invalidate the request. If the emoticon sent in response to the request is merely an expression of emotion, it has no effect and the request remains until it is rejected or accepted. If written text and emoticons are sent in a combined manner and in a single message, their combined meaning should be recognized and rejected or accepted according to the meaning. If the text and emoticon are issued in two separate messages, basically the first message is valid, whether it is confirmation or rejection.
کلیدواژهها [English]
الف) فارسی
ب) انگلیسی
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