نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه تهران (دانشکدگان فارابی)
2 دانشجوی دکتری حقوق خصوصی دانشکدگان فارابی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Energy subscription originated from French law, which entered Iranian law and has also become common in English law under the name of "subscription". However, in the field of energy, in France, the initial subscription is often supported, and in England, the continuous or monthly subscription is supported, and the approach of the contract law system of the two countries is different. The legal validity of this contract was questioned in French doctrine and English case law, which was supported in the 2016 reforms of French law of obligations in the form of a framework contract, and in English law, its validity is subject to compliance with the conditions of validity of the contract.
In this article, the legal status of subscriptions was examined using a descriptive-analytical method and it was proven that the two types of subscriptions that are taken from consumers in the field of energy are incompatible with the standards of contract law because the initial subscription is a type of invalid acquisition of property and the continuous and monthly subscription is also contrary to consumer rights.
کلیدواژهها [English]
