عنوان مقاله [English]
The laws of European countries are based on the protection of consumers against unfair contractual conditions through specific laws. In domestic law, the gap of such regulations is quite evident. Therefore, the present study aimed to identify the dimensions of unfair terms in E-commerce law using library documentary method. Therefore, the unfair condition was not recognized in the Iranian legal system until the adoption of the E-Commerce Act. But since the unfair condition is explicitly stated in the Antitrust Act, and our legislator has adopted the E-Commerce Act from the Antitrust regardless of the effects it may have on the legal system, therefore, this condition is set out in Article 46 of the E-Commerce Act as follows: "The use of contractual terms contrary to the provisions of this chapter as well as the application of unfair terms to the consumer is not effective." This condition does not make sense in our courts, but in the Commonwealth system, the courts frequently rule on these cases and modify or invalidate the imposed contract.