M.A. Thesis:

Delivery Method of the Digital Goods in Electronic Sale

The increasing development of the international trade and the needs of the countries to respond to the modern conditions resulting from the development of the states involves the existence of an international element. While containing all the common characteristics required for the domestic transactions and treaties, the international contracts have also these characteristic that the parties reside in different countries. In addition to the difference of the parties' trading location, the delivery of the object of sale in each and every county other than the country where the purchaser resides and/or works can be regarded as the features of the international trade relations which, particularly, leads to affect the international contracts. The delivery of the object of sale and its impacts on the significant legal issues have already been studied. The delivery in an objective form or based on a decree causes the object of sale to be possessed by the customer and s/he is able to exercise his or her rights of ownership on the object of sale. Among the effects resulting from the delivery of the object of sale, the transfer of ownership in the general sale (conveyance through exchanging guarantee) and the lapse of the right of lien. Therefore, the existence of such a characteristic with the delivery of the object of sale brings up some hardships and failures in the international contracts. In recent years, realizing the problems and the failures in this regard, the society of the international law has offered some solutions and has launched initiatives to integrate the above mentioned rules. Undoubtedly, the delivery of the goods as in the contract is one of the most significant commitments of the vendor, the terms and conditions of which shall be specified accordingly. Despite the apparent discrepancies they have, the aforementioned concepts are similarly put forward in various legal systems. Assuming the importance of the sale and transaction in the social–economic interactions of the modern societies, this thesis makes an attempt to consider the modern commercial exchanges, including the electronic as well as the international sale along with giving rise to the novel issues and relevant topics and subsequently, considers the essentials the transacting parties need to know about the object of sale the injunctions. Then, through studying the jurisprudential and legal decrees on sale, we deal with one of the major issues concerning this kind of contract, i.e. the delivery method in the conventional sale and try to respond to this question that does, in the present world and in the modern electronic commerce, the delivery method of the digital goods ensembles the delivery method we witness in the conventional sale or not.

Keywords: Delivery, Digital Goods, Electronic Commerce, Electronic Sale