Challenges in the Implementation of Smart Contracts in the Legal Systems of Iran and India

Authors

    Sara Houshmand PhD Student, Department of Law, Shahr-e-Quds Branch, Islamic Azad University, Shahr-e-Quds, Iran
    Pejman Piroozi * Assistant Professor, Department of Private Law, , Shahr-e-Quds Branch, Islamic Azad University, Shahr-e-Quds, Iran Pezhman_pirouzy@yahoo.com
    Hossein Monavari Assistant Professor, Department of Public Law, Shahr-e-Quds Branch, Islamic Azad University, Shahr-e-Quds, Iran
    Alireza Mazloum Rahani Assistant Professor, Department of Private Law, Shahr-e-Quds Branch, Islamic Azad University, Shahr-e-Quds, Iran

Keywords:

Smart contracts, legal system of Iran, legal system of India, artificial intelligence, contract law

Abstract

The emergence of smart contracts and the increasing integration of artificial intelligence (AI) have introduced new dimensions to traditional contract law. These advancements have fundamentally transformed the nature of contractual relationships, raising questions about their legal validity, enforceability, and alignment with established legal doctrines. This research article aims to examine the profound impact of smart contracts and AI on the principles and foundations of contract law, particularly within the legal systems of Iran and India. Smart contracts, which operate through blockchain technology and automated execution mechanisms, challenge conventional notions of offer, acceptance, and consideration. The study explores the extent to which these contracts conform to existing legal frameworks and whether legislative adaptations are required to accommodate their unique characteristics. Additionally, the research investigates issues of liability, dispute resolution, and contractual interpretation in the context of AI-driven automation. Given the decentralized nature of blockchain and the self-executing nature of smart contracts, concerns regarding jurisdiction, regulatory oversight, and consumer protection have also emerged. This study employs a comparative legal analysis by examining relevant judicial precedents, academic literature, and statutory provisions from both Iran and India. The findings highlight the need for regulatory frameworks that balance innovation with legal certainty, ensuring that smart contracts function effectively while upholding fundamental legal principles. The article also provides insights into the broader implications of AI in contract law, discussing whether AI-generated contracts challenge traditional notions of contractual autonomy and intent. By addressing the advantages, challenges, and legal implications of smart contracts, this research contributes to the ongoing discourse on legal adaptation in the face of rapid technological change. The study emphasizes the importance of legal reform in facilitating the seamless integration of smart contracts within modern legal systems.

References

Almajid, W. M. (2010). The Legal Enforceability of Contracts made by Electronic Agents under Islamic Law: A Critical Analysis of the Effectiveness of Legal Reform in Saudi Arabia PhD, University of Central Lancashire].

Bidgoli, H. (2002). Electronic commerce, principles and practice. Academic Press, California. https://doi.org/https://doi.org/10.1016/B978-012095977-8.50004-5

Brooke, A. (2005). Reconsidering The Proper Law of The Contract. Melbourne Journal of Californians McGeorge Law Review, 36.

Channing Palmer, B. (2012). Disparate Impact of Electronic Signature Legislation on Indigent. International Law, 13.

De Caria, R. (2019). The Legal Meaning of Smart Contracts. European Review of Private Law, 6. https://doi.org/https://doi.org/10.54648/ERPL2018052

Hayati, A. (2013). General rules of contracts. Tehran: Mizan Publishing.

Katouzian, N. (2015). Preliminary course of civil law: Legal acts, contracts, and unilateral acts. Tehran: Publication Company.

Kumar Sadual, M. (2018). Status of Smart Contract in India: Legal challenges and future trends. Research Review International Journal of Multidisciplinary, 3, 1-6.

Levi, S., & Lipton, A. (2018). An Introduction to Smart Contracts and their Inherent Limitations. The Harvard Law School Forum on Corporate Governance.

Lincoln, A. (2004). Electronic Signature Laws and the Need for Uniformity in the Global Market. The Journal of Small & Emerging Business Law(67).

Mafi, H., & Kavyar, H. (2013). A comparative study of the governing law on electronic contracts concluded in the internet environment from the perspective of legal systems: USA, European Union, Iran. Journal of Private Law Studies, 4(1).

Pandy, D. (2020). Stationing Smart Contract as a 'Contract': A Case for Interpretative Reform of the Indian Contract Act, 1872. National University of Juridical Sciences Law Review, 13, 2-3.

Raskin, M. (2017). The Law and Legality of Smart Contracts. Georgetown Law Technology Review, 1(305). https://doi.org/https://doi.org/10.2139/ssrn.2842258

Safaei, S. H. (2013). Preliminary course of civil law: Persons and property. Tehran: Mizan Publishing.

Safaei, S. H., & Ghasemzadeh, S. M. (2015). Persons and incapacitated individuals. Tehran: Samt Publishing.

Savelyev, A. (2016). Contract Law 2.0: «Smart» Contracts As the Beginning of the End OF Classic Contract Law. National Research University High School of Economics.

Shahidi, M. (2014). Civil law: Obligations. Tehran: Majd Publishing.

Siemer, T. (2008). Formations of electronic contracts under traditional common law principles. Grin Verlag, Germany.

Singh, J., & Shilpa. (2021). Smart contracts and blockchain: legal issues and implications for Indian contract law. International Review of Law, Computers & Technology, 36, 313-314. https://doi.org/https://doi.org/10.1080/13600869.2021.1999312

Wang, F. F. (2014). Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China.

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Published

2024-08-23

Submitted

2024-05-03

Revised

2024-06-01

Accepted

2024-06-10

How to Cite

Houshmand, S. ., Piroozi, P., Monavari, H. ., & Mazloum Rahani, A. . (2024). Challenges in the Implementation of Smart Contracts in the Legal Systems of Iran and India. Legal Studies in Digital Age, 3(3), 143-158. https://www.jlsda.com/index.php/lsda/article/view/71

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