نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و حقوق خصوصی، دانشگاه خوارزمی، تهران
2 استادیار گروه حقوق خصوصی، دانشگاه خوارزمی، تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Pursuant to Article 216 of the Civil Code and the well-known theory of the jurisprudent, the condition of non-ambiguity can be applied in sales advertisements. The main question in this article is what is the legal effect of vague advertising on the transaction? The most important effect of advertising is to create commitment and responsibility that creates rights and obligations for marketers, including advertisers, customers and advertisers. In this study, a qualitative and descriptive method was used and the purpose was to analyze the types of advertising civil liability and its effects on transactions. It seems that de-ambiguity in advertising can be considered by identifying the main components of advertising, the identity of the marketer, the owner of the ad and how to ensure the safety and health of the transaction recipients, as well as legal mechanisms to compensate for damages in sales ads. to be taken. Results: Firstly, advertising in broadcast and non-broadcast media should be independent of the obligations in the transaction, and secondly, the obligations related to advertising differ in the intensity and weakness of the ambiguity in the transaction, hence in advertising (ad producer, publisher, the marketer and the seller) are each responsible for the community of furniture. In the end, it is suggested that by determining the implicit condition of de-ambiguity for the sale advertisement, its violation should be considered in the society subject to supervision and compensation of material and moral damages outside the contract.
کلیدواژهها [English]
منابع و مآخذ:
الف- فارسی
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