Advanced Journal of Management, Humanity and Social Science

Abstract The expansion of electronic commerce and the increasing growth of sales contracts in the digital space have exposed consumers to new vulnerabilities rooted in the inherent nature of the virtual environment, including information asymmetry, inability to physically inspect goods, ambiguity regarding the identity of the counterparty, and difficulty in enforcing rights in the digital sphere. These realities reveal the necessity of an efficient legal framework for the protection of the electronic consumer. The main issue of the present research is to determine to what extent the Iranian legal system, in comparison with the European Union, protects the consumer in electronic sales contracts, where the existing gaps are, and what solutions can be offered to address these deficiencies. This research has been conducted using a descriptive-analytical method and drawing upon library resources, legal documents, and judicial practice. The research findings indicate that although both systems recognize the principle of consumer protection and have provided similar instruments such as pre-contractual information obligations, the right of withdrawal, and the control of unfair terms, the depth, scope, and effectiveness of these instruments differ significantly. The Iranian legal system has performed relatively acceptably at the level of declaring rights, but suffers from serious weakness at the level of ensuring the enforcement of these rights. Three fundamental gaps the absence of a comprehensive personal data protection law, the lack of regulations governing the liability of intermediary platforms, and the absence of an efficient online dispute resolution mechanism constitute the most important weaknesses of the Iranian legal system in comparison with EU standards. Addressing these gaps through the enactment of a personal data protection law, updating the Electronic Commerce Law with a focus on strengthening enforcement guarantees, and establishing an online dispute resolution mechanism are proposed as legislative reform priorities.

Abstract Contract rescission serves as a crucial legal mechanism for terminating contractual obligations, ensuring fairness, and maintaining the balance of rights between parties. This study aims to examine the effects of contract rescission in Iranian civil law and to compare them with those in comparative law, analyzing the legal aspects, conditions for rescission, and its consequences. In Iranian law, contract rescission is generally possible either legally or contractually, and its effects mainly include the termination of future obligations, restitution to the prior state, and compensation for damages resulting from contractual breaches. In comparative legal systems, particularly in French and English law, similar concepts exist; however, notable differences can be observed regarding restitution, the extent of damage compensation, and the role of the parties’ will. The research employs a descriptive-analytical method, relying on legal texts, doctrinal analysis, and judicial precedents to identify points of convergence and divergence among various legal systems. The findings indicate that while the fundamental principles of contract rescission are largely similar across jurisdictions, differences exist in the execution of rescission and its impact on complex economic contracts. Moreover, comparative law generally offers greater flexibility in determining the effects of rescission and compensating associated damages, whereas Iranian law provides a more defined and limited legal framework. This study concludes with recommendations to enhance the regulation of contract rescission in Iranian law, offering practical guidance for legal practitioners, judges, and contract drafters.

Abstract Family law serves as a fundamental legal framework regulating relationships within families, including marriage, divorce, child custody, inheritance, and domestic obligations. This comparative study examines the divergent and convergent features of family law systems in Eastern and Western jurisdictions, highlighting the influence of cultural, religious, and social factors. Western legal systems, including common law and civil law traditions, emphasize individual autonomy, gender equality, and codified procedural safeguards. In contrast, Eastern systems, particularly those influenced by Islamic law and traditional Asian customs, prioritize family cohesion, social harmony, and religious or cultural norms. The study analyzes marriage and divorce regulations, child custody and protection mechanisms, inheritance rules, and contemporary reforms in both regions. It also addresses emerging trends such as recognition of same-sex marriages, assisted reproductive technologies, and cross-border legal issues. Comparative findings reveal key differences in the balance between individual rights and collective responsibilities, the role of religion in legal formulation, gender equality, and procedural approaches. Despite these differences, globalization and international human rights standards have prompted reforms in both regions, fostering convergence in areas such as child welfare, protection of vulnerable family members, and legal modernization. The study concludes that understanding the underlying social, religious, and cultural values of family law systems is essential for policymakers, legal scholars, and practitioners to promote effective, equitable, and culturally sensitive legal frameworks. Comparative analysis not only enhances cross-cultural legal understanding but also provides opportunities for harmonization, mutual learning, and informed reform in globalized contexts.