[雙語翻譯]電子商務法外文翻譯--伊朗和歐盟電子商務法中消費者保護的比較研究

1、5200 英文單詞， 英文單詞，2.7 萬英文字符，中文 萬英文字符，中文 8000 字文獻出處： 文獻出處：International Journal of Advanced Studies in Humanities and Social ScienceVolume 1, Issue 11, 2013: 1987-1997A Comparative Study on Consumer Protection in E-Commerce

2、 Law of Iran and European UnionSamaneh AhmadikhahAbstractWith increasing trend in using the electronic means of communication and trade in the world, the need to enact new laws and regulations with regard to e-commerce l

3、aw is increasing day by day, where benchmarking of the countries and the leading organizations in this context can be used to provide the measures to encourage the Economic activists and consumers to do their tasks at cy

4、berspace particularly provided with supporting the consumer who are in poor side. In this paper, Comparative Study on Consumer Protection in E-Commerce Law within Iran and European Union has been proposed. The observatio

5、ns, with regard to the studies show that based upon the international character of electronic commerce law and the role of UNCITRAL model law on e- commerce (1996) in Unification of it at international level, this law wh

6、ich includes consumer protection has been also provided with the same basis throughout the world. Nevertheless, the countries and organizations like the European Union with adoption of instructions have made large effort

7、 in going through this e-commerce law to get it completed by which developing countries like Iran can get to use such law.Keywords: Consumer Protection; E-Commerce Law; Iran; European Union1. IntroductionThe most importa

8、nt phenomenon ever since the industrial revolution has been mentioned as the rise of ICT and consequently creation of cyberspace. This phenomenon has influenced the prevailing aspects of social life through which its imp

9、act on international commerce can be taken; consequently this has led to creation of e-commerce (Hojatzade, Noushadi, 2011, pp. 264). Hence With the increasing development of e-commerce, consumer protection in Cyberspace

10、 due to the lack of physical connection between the parties entering to contract should be considered further. This paper aims to take step in this context of discussion. In this regards, firstly Supplier commitments in

11、e-contracts taken in the category of consumer rights have been discussed and later rights and privileges for consumers taken in electronic contract have been defined.2. Problem StatementIran in the context of e-commerce

12、is an emerging country, so to achieve the favorable status it is need to extra cost and time, however, fundamental measures to expand e-commerce have been made, i.e. one is mentioned enacting e-commerce in 2003; hence, t

13、he necessity to expand e- commerce is provided with using other countries' and international organizations' experiences as well as appropriate interaction devices so far as the provision for activities by Private

14、 sector, entrepreneurs and consumers would be provided. However, given that the consumer is in a weak contractual relationship, support on behalf of consumer is essential. According to what said earlier, the researcher i

15、ntended to observe the consumer protection in e-commerce law whereby this topic of discussion was examined in Iran and European Union, a comparison was provided for this. Here, the main problem is asked to what extent Ba

16、nking Consumer Protection in E- Commerce Law within Iran and European Union is important? While talking about consumer right, it is asked what commitments the supplier undertakes against the consumer? what privileges to

17、observe the necessary prediction in using them and needing to being provided with information required. Because lack of enough familiarity with the dangers likely stemmed from incorrect applying modern products in most o

18、f the cases would be found with irreparable losses.3.5. The Obligation to Provide Information ConsultingIn this type of commitment, the expert is required to provide detailed information on the goods under the contract

19、 and applicable information regarding the likelihood of project success and its high-efficacy performance to the non-specialist in the technical and financial contexts so that the non-specialist can adopt the necessary i

20、nformation to purchase goods.For instance, the seller and expert in the field of computer has to give information to their consumers on the specific potentials of computer proposing to their consumers, providing the capa

21、bility and return percentage with regard to the project for the purchaser who is not enough specialized in this field. Negation of such commitment would be followed by prosecution for the one who avoided doing his/her ta

22、sks (Salehi, Ibrahimi, Salari rad, 2012, pp.70).4. Information Regarding the Identity of the SellerGiven that the buyer does not see his/her favorite e-commerce for product, so the supplier provides is committed to provi

23、de the necessary information to the buyer. The information with regard to the article 33 of e-commerce law which has to be provided for the consumer includes the information associated to the identity of the seller menti

24、oned in paragraphs B and C this article.4.1. PricesIn electronic commerce, the price must be stated in a clear and conspicuous way, mentioning that even if the proposal of the contract was not taken, the price announced

25、has to consist of:? Does the price include taxes and shipping costs?? Method of payment of goods or services? Actual costs of sales using the remote sale4.2. Period When the Offer is ValidConsumer has to be provided with

26、 the conditions of contract including the period when the offer by the suppliers is authentic or not.4.3. Right of withdrawalIn the light of Right to withdrawal for the consumer, the seller is obliged to inform the purch

27、aser of the right to withdraw whereby it has to be stated that this is not true about the sellers of European Union and the sellers throughout the world.This means the instructions proclaimed in Europe on consumer rights

28、 impose the obligations on the sellers across the countries who are the membership at European Union against consumers whereby this won't be true in Rest of the World (Dablephon, Zarkalam, 2012, pp. 91). Yet, as wou

29、ld be discussed later, article 37 of Iran's e-commerce has defined the consumer's right to withdraw with benchmarking of the instructions in European Union.4.4. DeadlineThe consumer has to be informed of the time

30、 needed to send goods ordered, where by the approximate deadline failed to be predicted, the maximum time to carry the goods has to be specified rather than the Contractual equilibrium would be influenced.4.5. Guarantees

31、Client in cyberspace like any other buyer is provided with Warranty against hidden defects and Warranty understanding, where this, in Iran law, is defined in the implied terms. Such guarantees are relatively associated t