Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification
As one of the relatively new topics of the technology world, the smart contract has different angles and dimensions in the field of conclusion and execution, which must be analyzed from a legal perspective. This contract is implemented on the platform of software such as Ethereum and has features th...
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| Format: | Article |
| Language: | English |
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Shahr-e- Danesh Research And Study Institute of Law
2024-09-01
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| Series: | پژوهشهای حقوقی |
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| Online Access: | https://jlr.sdil.ac.ir/article_165426_1ee4c25e3e0d5528708ac638167240bc.pdf |
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| _version_ | 1841544692767916032 |
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| author | Mohammad Hasan Taj Langerudi Farzin Dehdar |
| author_facet | Mohammad Hasan Taj Langerudi Farzin Dehdar |
| author_sort | Mohammad Hasan Taj Langerudi |
| collection | DOAJ |
| description | As one of the relatively new topics of the technology world, the smart contract has different angles and dimensions in the field of conclusion and execution, which must be analyzed from a legal perspective. This contract is implemented on the platform of software such as Ethereum and has features that blockchain technology benefits from. The smart contract is concluded and executed without the parties' capacities being verified, and this is considered one of its most important legal challenges in the conclusion stage. In the forward research, it is tried to introduce the mentioned feature in detail, and after providing solutions to solve this legal defect and verifying the eligibility of the parties, the criticisms of it will be expressed and it will be explained that the anonymity of the parties as one of the certain features of the smart contract should be recognized. Then this matter is subject to jurisprudential and legal scrutiny, whether it is possible to invoke the principle of correctness despite the lack of competence of the parties in the smart contract, or whether this transaction should be considered invalid. |
| format | Article |
| id | doaj-art-b4c8f22011994289983eb47765638709 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-09-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-b4c8f22011994289983eb477656387092025-01-12T12:21:52ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235859963010.48300/jlr.2023.377652.2242165426Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-QualificationMohammad Hasan Taj Langerudi0Farzin Dehdar1PhD Student in Private Law, Faculty of Law, Institute for Management and Planning Studies (IMPS), Tehran, Iran.Associate Professor, Faculty of Law, Institute for Management and Planning Studies (IMPS), Tehran, Iran.As one of the relatively new topics of the technology world, the smart contract has different angles and dimensions in the field of conclusion and execution, which must be analyzed from a legal perspective. This contract is implemented on the platform of software such as Ethereum and has features that blockchain technology benefits from. The smart contract is concluded and executed without the parties' capacities being verified, and this is considered one of its most important legal challenges in the conclusion stage. In the forward research, it is tried to introduce the mentioned feature in detail, and after providing solutions to solve this legal defect and verifying the eligibility of the parties, the criticisms of it will be expressed and it will be explained that the anonymity of the parties as one of the certain features of the smart contract should be recognized. Then this matter is subject to jurisprudential and legal scrutiny, whether it is possible to invoke the principle of correctness despite the lack of competence of the parties in the smart contract, or whether this transaction should be considered invalid.https://jlr.sdil.ac.ir/article_165426_1ee4c25e3e0d5528708ac638167240bc.pdfblockchainethereumsmart contractcapacityprinciple of correctness |
| spellingShingle | Mohammad Hasan Taj Langerudi Farzin Dehdar Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification پژوهشهای حقوقی blockchain ethereum smart contract capacity principle of correctness |
| title | Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification |
| title_full | Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification |
| title_fullStr | Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification |
| title_full_unstemmed | Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification |
| title_short | Doubt in the Legal Capacity of Smart Contract’s Parties and the Possibility of Applying the Principle of Correctness in the Assumption of Non-Qualification |
| title_sort | doubt in the legal capacity of smart contract s parties and the possibility of applying the principle of correctness in the assumption of non qualification |
| topic | blockchain ethereum smart contract capacity principle of correctness |
| url | https://jlr.sdil.ac.ir/article_165426_1ee4c25e3e0d5528708ac638167240bc.pdf |
| work_keys_str_mv | AT mohammadhasantajlangerudi doubtinthelegalcapacityofsmartcontractspartiesandthepossibilityofapplyingtheprincipleofcorrectnessintheassumptionofnonqualification AT farzindehdar doubtinthelegalcapacityofsmartcontractspartiesandthepossibilityofapplyingtheprincipleofcorrectnessintheassumptionofnonqualification |