نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Contract dissolution terminates a valid contractual relationship via mutual agreement, unilateral will, or law, unlike nullity where no valid contract ever forms. In Iranian administrative law, while following general contract rules, the dissolution of administrative contracts is distinct due to the public entity's involvement and the need to safeguard public interest. This extends to electronic administrative contracts, governed by traditional principles and the 2003 Electronic Commerce Law."Khiyarat" (termination options) are key grounds for rescission. While some traditional options like Khiyar-e Majlis (option of session) are less practical online, others—such as options for defect, deception, breach of condition, and breach of description—are increasingly relevant in digital contexts reliant on data and digital trust. The seven-day right of withdrawal (Article 37) is a modern protective legal option.However, applying Khiyarat electronically faces challenges: proving defects or deception digitally, the alterability of online content, and defining virtual contract terms. Their legal nature remains, but implementation requires adapting to digital technologies. Ultimately, Khiyarat are vital for contractual balance in e-administrative contracts, with innovations like the withdrawal right helping converge traditional jurisprudence with modern e-commerce and administrative law needs.
کلیدواژهها English
