Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Consumer Protection Against Unfair Contract Terms in the Age of Smart Contracts

Document Type : Review Article

Author
MA. in Private Law, Faculty of Humanities, Islamic Azad University, Azadshahr, iran. (Corresponding Author)
Abstract
Smart contracts are a new generation of digital contracts that are written in the form of encrypted computer codes. These contracts are based on blockchain technology and therefore have self-executing features and can monitor the performance of contract terms and implement the provisions of the contract without the intervention of human agents, and these activities are irreversible in the context of blockchain. This article, with a comparative study of the laws and regulations of Australia and Iran, investigates the methods of protecting the parties to the contract against unfair contract terms. The level of protection of the rights of the parties to the contract against unfair contractual terms in the two legal systems shows that the Australian regulations in this field are sufficient, even with the new challenges caused by the inclusion of unfair contractual terms in smart contracts and provides the necessary support, but Iran's laws and regulations in this field are at a preliminary level and need more completion and research.
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  • Receive Date 31 December 2023
  • Revise Date 01 March 2024
  • Accept Date 05 March 2024