ANALYSIS OF THE LEGAL FOUNDATIONS OF ELECTRONIC BANKING IN IRAN

Abstract

In recent decades, the use of computers and other modern communication technologies to conduct commercial transactions has become increasingly common worldwide. Although an electronic contract is not fundamentally different in nature from a traditional one, the formal characteristics of the digital environment introduce new concepts and features to such agreements. Given that financial and economic matters have always posed significant challenges for societies, internet banking must be regulated by a coherent legal framework that addresses the needs of both customers and service providers—not only domestically but also at the international level—while also supporting the continued development of this technology. Key legal issues associated with electronic banking include matters of contract law, such as determining the time and place of contract formation, the method of affixing a valid signature, and the allocation of the burden of proof in disputes between banks and clients. This article examines electronic banking exclusively from the perspective of the legal and regulatory concerns that have emerged alongside its development and expansion.