عنوان مقاله [English]
نویسندگان [English]چکیده [English]
The parties to the contracts entered into by electronic instruments, are not actually in the same position and distant contracts are concluded by modern devices and in a Cyberia area. Therefore, a lot of problems are raised in minds. One of the most important ones is how to terminate or discharge these contracts in comparison to traditional ones. Examination of this shall make the place of options for cancellation of these contracts to be clear and evident. Although the interpretation, and analyses of the article 39 of electronic commerce act is doubtable, but what is deducted from the said article is that if during the transaction i.e when he enters into contract, the supplier shall not be able to perform his obligations, the contract is void and must return the received price immediately. The term non-existing of goods, for legislator, means the specified object, the term impossibility of providing service refers to the impossibility of services considers the person. So, according to this article, if the supplier fail to perform his obligation whether due to impossibility of providing services or non-existing of the specific object, the transaction will be void, and the terms” the offeree gets ready for waiting..” indicate the invalidity of the article and entitle him to cancel the contract in second part as per judicial verdict.