نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Smart contracts, as one of the most important achievements of blockchain technology, have created a significant transformation in transaction mechanisms and the regulation of contractual relations. In the Iranian legal system, the emergence of this new contractual format raises questions about validity, legal nature, formal requirements, and the possibility of implementing the obligations arising from it. Given that smart contracts are inherently based on self-execution, transparency, and the elimination of intermediaries, issues such as intent and consent, the ability to attribute will, how to obtain consent of the parties, the possibility of compliance with Article 190 of the Civil Code, and how to compensate for damages in the event of breach, require careful analysis. In this study, an attempt has been made to analyze smart contracts from the perspective of general rules of contracts, evidence of proof of claim, mandatory banking rules, and regulatory requirements to determine whether this type of contract can be considered valid in the Iranian legal framework. The results show that with a flexible interpretation of the concept of "intention to write", acceptance of "valid electronic signatures," and compliance of self-executing contracts with e-commerce regulations, it is possible to accept smart contracts in the Iranian legal system; However, challenges such as liability for code errors, data ownership, central bank supervision, and dispute resolution mechanisms require specific regulation. This study, by examining the legal, technical, and banking dimensions, attempts to present a clear picture of the position of smart contracts in Iranian law.
کلیدواژهها English