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 void of such regulations is quite evident. The purpose of this study was to identify the dimensions of unfair terms in E-commerce law using library documentary method. Therefore, the unjust condition was not recognized in the Iranian Legal System until the adoption of the E-Commerce Act. But since the unfair provision is explicitly stated in the Antitrust Act, and our legislator has adopted the E-Commerce Act from Antitrust, this provision is expressly stated in Article 46 of the E-Commerce Law, regardless of the effects it may have on the legal system. "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." While this requirement does not make sense in our courts, in the Commonwealth System, the courts often rule on these cases and modify or invalidate the imposed contract.