نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
**English Translation of the Abstract:**
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The expansion of e-commerce and the transformation of intermediary platforms from neutral technical hosts into active and influential actors in guiding users' transactional will have raised serious ambiguities regarding the legal nature, scope of liability, and validity of unilateral exclusion clauses of these entities. This research aims to explain the jurisprudential and legal foundations of liability attribution, identify the criteria for limiting or expanding such liability in the two legal systems of Iran and the UAE, and propose appropriate legislative solutions based on the principles of Imami jurisprudence. The main questions center on four axes: the foundations of liability attribution, the criteria for determining the limits of liability, the validity of exclusion clauses, and the differences between the two systems in addressing the challenge of proving fault. This study is conducted using a descriptive-analytical method with a comparative approach, through the examination of positive laws, judicial precedents, jurisprudential texts, and the legal doctrine of both countries. The findings indicate that both systems are transitioning from minimal liability toward liability based on the degree of control and intervention; however, the UAE has taken more practical steps through modern consumer-oriented laws and the adjustment of the burden of proof, whereas Iranian law, due to the lack of detailed regulations, faces inconsistent judicial practices. From a jurisprudential perspective, the rules of *Lā Ḍarar* (no harm), *Ghorūr* (deception), and *Al-Ghorm bil-Ghanm* (liability accompanies benefit) render exclusion clauses void and unenforceable in cases involving fault or transactional fraud. Ultimately, the criterion of "the degree of the platform's intervention and control over the transaction process" is proposed as the primary basis for delimiting liability, and the reform of Iranian regulations alongside the shift of the burden of proof in favor of the injured party is deemed essential for achieving contractual justice and protecting public trust in cyberspace.
کلیدواژهها English