نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Background and Objective: In recent decades, blockchain technology and smart contracts have transformed the technical and institutional framework of electronic transactions, enabling self-executing, transparent, and immutable transactions. This study focuses on the impact of smart contract applications on the evolution of general contract law in Iran, examining this emerging phenomenon and emphasizing the role of features such as distributed storage, cryptography, and immutable data recording in altering contractual elements and functions. The research aims to describe the legal functions of smart contracts, analyze how they affect the general rules of contracts within the Iranian legal system, and propose legal solutions to align regulations with new technological realities. The central question is: “To what extent do smart contract applications change or necessitate modifications in the general rules of contracts in Iranian law, and what legal measures can ensure the compatibility of these rules with technology?”
Methodology: This study employs a theoretical-analytical approach, using descriptive-analytical methods to examine legal perspectives and relevant statutory texts.
Findings and Results:Smart contracts, through their self-executing, transparent, and immutable characteristics, transform the structure of general contract rules. Determining and proving contractual intent in a digital environment requires redefinition, highlighting the importance of electronic signatures and public-private key systems. The specification of transaction subjects in virtual assets and the role of electronic agents in contract formation raise new issues regarding legal capacity and digital identification. Moreover, recording and validating contractual terms on a blockchain can replace traditional documents, necessitating a review of regulations on documents and formalities. Economically, these contracts eliminate intermediaries, accelerate performance of obligations, and improve payment mechanisms. The primary recommendation of this study is to develop a coherent legal framework defining smart contracts, electronic signatures, and the validity of blockchain records to resolve conflicts between traditional rules and technology.
کلیدواژهها English