نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری، دانشکده حقوق، دانشگاه آزاد اسلامی: واحد تهران مرکزی، تهران، ایران (نویسنده مسئول).
2 دانشیار، دانشکده حقوق، دانشگاه آزاد اسلامی: واحد تهران مرکزی، تهران، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
Today, a significant part of the transactions of buying and selling goods in e-commerce takes place on the platform of Marketplace platforms. However, the disagreement in determining the share of responsibility for the sale of defective goods between the platform, the customer and the third-party seller causes the rights of all three sides of the triangle to be violated in such transactions. This research intends to clarify the share of responsibility of each party involved in this type of transaction while resolving this dispute. This goal has been achieved through a comparative study between DigiKala as the largest marketplace platform in the Middle East and Amazon as the largest active company in this field in the world, along with consideration of the laws and the study of judicial practice in Iran and the United States of America. The findings of this research show that marketplace platforms should be held responsible for selling defective goods with third-party sellers under the conditions discussed. However, both in the legal system of Iran and in the legal system of the United States of America, the judicial procedure in this regard is different. Therefore, in the end, the author suggested that due to the complexities caused by technology, special rules should be created for marketplace platforms under the e-commerce law.
کلیدواژهها English
منابع
کتاب
مقاله
آییننامه و قانون
References
Books
Articles
http://www.wsj.com/articles/SB10001424127887324906304579039101568397122 [http://perma.cc/C8QJ-JYRN].
Cases
Websites
https://www.cbre.com/insights/articles/omnichannel-what-is-the-share-of-e-commerce-in-overall-retail-sales. [Accessed: February 12, 2023].
https://about.digikala.com/newsroom/digikala-group-introduction/
https://www.statista.com/statistics/274255/market-share-of-the-leading-retailers-in-us-e-commerce/ [Accessed: February 12, 2023].
https://www.statista.com/statistics/272391/us-retail-e-commerce-sales-forecast/ [Accessed: February 12, 2023].
Statista (2023). "Value of third-party seller services of Amazon worldwide from 4th quarter 2017 to 4th quarter 2022." Available at: https://www.statista.com/statistics/1240236/amazon-third-party-seller-services-value/