نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Abstract
The right of withdrawal in electronic contracts is considered one of the most important tools for protecting consumers in the digital age. However, this right appears to conflict with the principle of contract binding (Pacta Sunt Servanda), which emphasizes the obligation of parties to honor their commitments. This study aims to examine the relationship between the right of withdrawal and the principle of binding agreements, analyzing the issue within a legal framework with reference to Islamic legal perspectives.The first part explores how exceptions and pre-agreed conditions can help balance contract stability with the consumer’s right to withdraw. The study also provides an overview of general Islamic and Sunni perspectives on the buyer’s right to return goods, showing that concepts similar to the modern right of withdrawal have roots in traditional legal systems.The research adopts a descriptive-analytical method, drawing upon legal sources, comparative studies, and an analysis of current practices on e-commerce platforms. The findings indicate that despite implementation challenges, a well-structured legal framework can help protect the interests of both consumers and sellers.
Keywords: Right of withdrawal, binding contracts, electronic contracts, e-commerce, consumer rights, return of goods.
کلیدواژهها English