Modern Jurisprudence and Law

Modern Jurisprudence and Law

Concluding electronic contracts and their breach in the legal systems of Iran and England

Document Type : Original Article

Authors
1 student
2 assistant professor
10.22034/jml.2025.2079019.1567
Abstract
This comparative study examines the legal challenges and potential remedies for breaches of electronic contracts in the legal systems of Iran and the United Kingdom. The primary aim is to identify legislative and procedural gaps, assess the mechanisms for handling digital evidence, and propose legal and technological measures to enhance legal security in online transactions. The first section defines key concepts—electronic contracts, smart contracts, and digital signatures—and analyzes the role of electronic trust infrastructures in authentication and the evidentiary reliability of digital documents. The second section offers a comparative analysis of the relevant regulations and judicial practices in the United Kingdom and Iran, identifying strengths such as the UK’s dynamic case-law tradition and weaknesses such as evidentiary ambiguities and insufficient technical standards in Iran. The study further evaluates mechanisms for remedies, including compensation and specific performance, as well as preventive tools such as smart contracts, blockchain-based systems, and AI-driven fraud detection technologies. The findings demonstrate that combining technical and legal solutions is more effective than relying on isolated approaches. In conclusion, the research presents practical recommendations, including revising Iran’s E-Commerce Law, establishing technical criteria for trusted digital signatures, strengthening judicial capacity for assessing digital evidence, and expanding electronic dispute resolution mechanisms.
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Articles in Press, Accepted Manuscript
Available Online from 16 December 2025