n recent years, Iran has witnessed a rapid growth in the field of electronic commerce and specifically electronic contracting. Therefore, a question arises whether this kind of contracting is valid in Iranian law. The correct answer depends on studying the status of electronic contracts in Iranian legal system. The Iranian Act on Electronic Commerce has not expressly recognized such contracts. However, there are general provisions in the Iranian Civil Code, including Articles 10 (declaring autonomy of contracts), 190 (declaring the essential conditions for the validity of contracts) and 191 (contract formation) which may be relied upon in proving the validity of electronic contracts. In addition, according to Imamia Jurisprudence as the main source of Iranian law, people are free to make different contracts provided that there is mutual consent and principally, no formal conditions are required: O ye who believe Squander not your wealth among yourselves in vanity, except it be a trade by mutual consent (Surah AlNisa, verse 39). In this paper, the author, through an analytic descriptive method, has attempted to prove the validity of electronic contracts from the perspective of Iranian positive law and Imamia jurisprudence. Keywords: Electronic Contracts, Freedom of Contract, Mutual Consent, Iranian Law, Imamia Jurisprudence.

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