Rules Governing the Unification of Electronic Commercial Contracts: A Case Study of International Sales of Goods

Abstract

Unification in contract law means unifying the rules governing commercial contracts at the global level. By applying uniform law to all commercial contracts, easy and free relations in the field of international trade are guaranteed. It seems that in the current situation, due to the lack of global consensus regarding the importance of this international issue, only the acceptance of a common legal standard for exchanges and commercial transactions on a limited "international" level can be realized. The purpose of this research is to investigate and study the rules governing the Unification of electronic commercial contracts in the international sale of goods. In this research, the required information was collected using the library method. For this purpose, the tool of taking receipts and preparing a checklist was used. The results showed that one of the ways to prevent the conflict of laws in international sales contracts is to choose the applicable law when setting up the contract. According to the treaties, this choice must be made explicitly and clearly among the government laws. Of course, these treaties have not prohibited other rules either and the parties can choose from other sources of international trade law such as commercial customs, general principles, commercial legal principles as the law applicable to the contract (provided that it does not conflict with the rules of the country where the court is located).