Examination of legal status of object of transaction in information-based contracts

Document Type : Original Article

Authors

1 asistant of law

2 Private Law. Faculty of Law and Political Science. Ferdowsi University of Mashhad. Mashhad. Iran

10.48308/jlr.2025.237159.2788

Abstract

"Object of transaction" means object that is the parties are obliged to do, and according to Article 214 of Civil Law and domestic legal doctrine Thus, contracts could be divided into two categories of "goods-based contract" and "Service-based Contract". Due to development of technology and current improvements, we have contracts which is called "Information-based contract". Subject of these contracts are exchange of information that are not public and as a valuable property and transferable. Considering importance of information in these contracts, the question is Are laws of property-based contract are applicable on information-based contracts? Or, these contracts should have their own law? The results of this research shows that law of goods-based contracts is not suitable for information-based contract, due to special features and variety of information, and these contracts, except contractual expectations and guarantees, are different to other contracts, which needs their own structure and rules. For this purpose, information-based contracts, by virtue of kind of information, can be divided into two categories: service and intellectual property to create their special rules and introduce contractual framework for them.

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Articles in Press, Accepted Manuscript
Available Online from 04 January 2025
  • Receive Date: 07 October 2024
  • Revise Date: 12 December 2024
  • Accept Date: 04 January 2025