چکیده:
Following the development of new technologies at the beginning of the 21st century, a new generation of self-executing electronic contracts called smart contracts in the field of digital commerce has been developed, which is the product of combining distributed office technology called blockchain with computer code and IoT. Relying on computer algorithms for the accurate and secure execution of smart contracts does not eliminate the need for legal evaluation. The question now is whether conflict resolution rules still apply to smart contracts? This research, which has been done with an analytical approach, has evaluated the existing criteria in private international law intersection with this new technology. A comparative study of Iranian and European Union law (Regulations of Rome I) shows that, although the use of personal criteria in determining the law governing smart contracts directly clarifies the answer if the will of the parties is not exercised at the time of designing of the smart contract’s software, the international dispute resolution body, has to resort to objective criteria. The conclusion is that these criteria are still valid. Still, the effect of objective criteria that are most closely related to the characteristics of this type of contract may, in some cases, lead to different results. Therefore, the method of qualitative evaluation and weighting to effective objective factors is suggested.
خلاصه ماشینی:
A comparative study of the law governing digital smart contracts from the perspective of private international law in the legal system of Iran and the Rome I Regulation Mojtaba Dehghani Tafti, 1 Marzieh Afzalimehr, 2 Rabia Eskini 3 Date of receipt: 2022/03/31 1 Date of acceptance: 2022/05/25 Article type: Research Abstract Following the expansion of new technologies at the beginning of the 21st century, a new generation of electronic contracts with self-executing capabilities called smart contracts has been created in the field of digital commerce, which is the product of combining distributed ledger technology known as blockchain with computer codes and the Internet of Things.
A comparative study of Iranian law and the European Union (Rome I Regulation) in this regard shows that although utilizing subjective criteria in determining the law governing smart contracts directly clarifies the answer to the problem, in the event that the will of the parties is not applied at the time of designing the smart contract software, the international dispute resolution body is forced to 1.
To date, in the research conducted on them, careful attention has not been paid to private international law, and it is simply assumed that a specific national law applies to these types of contracts, or their designers believe that assigning smart contracts (especially when they are stored and executed with the help of distributed ledger technology) to a specific legal system is difficult; because, in principle, exchanges within the blockchain framework are carried out simultaneously on scattered computers in different jurisdictions (various countries depending on the nationality, residence, place of business of persons 1.
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