Volume 6, Issue 2 (3-2025)
مطالعات فقه و حقوق رسانه 2025, 6(2): 181-206 |
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Razavi S M, Khandani S P. Invocabling Smart Contracts in Iranian Courts. مطالعات فقه و حقوق رسانه 2025; 6 (2) : 7
URL: http://journal.refah.ac.ir/article-1-124-en.html
URL: http://journal.refah.ac.ir/article-1-124-en.html
1- Master of Private Law, Faculty of Humanities, Islamic Azad University Branch Azadshahr, Azadshahr, iran
2- Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
2- Assistant Professor of Private Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
Abstract: (51 Views)
With the development of new technologies, smart contracts have become popular among people as a new type of legal contracts, and their use may cause disputes between the parties. the smart contract is the source of disputes between the parties once disputes arise from smart contracts between parties and they refer to the law court to resolve them accordingly. Additionally, it is considered one of the most important proofs of claim. Therefore, to accredit these contracts, the parties must be aware of their nature as a rationale. However, library studies, analyzing Iran's laws and regulations, and features and mechanisms of smart contracts indicate that the contracts, as electronic evidence, are essentially electronic documents with attributes such as being inscribed, invocable, and retaining a signature; it is, therefore, conceivable to refer/submit such instruments in law court given the requirements for invocable electronic evidence, such as authenticity, accessibility, and assignability, are implicated in the contracts. Consistent with the probative value, although they are potentially closer to the concept of secure electrical reason, but such contracts are likely to be considered standard electronic evidence, deniable and dubitable, or maybe secure electronic evidence, which is likely only to be claimed for falsification.
Article number: 7
Type of Study: Research |
Subject:
Special
Received: 2024/08/7 | Accepted: 2024/10/12 | Published: 2025/05/26
Received: 2024/08/7 | Accepted: 2024/10/12 | Published: 2025/05/26
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