نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق خصوصی از دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This article examines the nature of automated execution in smart contracts and analyzes the possibility or impossibility of breaching them, with reference to the legal approaches of Iranian law and the common law system.The central question addressed is whether smart contracts, as often claimed, are entirely self-executing and breach-proof. To this end, the author first analyzes the assumption of performance in smart contracts and identifies self-executability and self-sufficiency as the key distinguishing features of such contracts. The article then reflects on the concept of breach in both legal systems and assesses the breachability of smart contracts accordingly.
Subsequently, based on the degree and quality of these characteristics, smart contracts are categorized into two groups: “fully smart contracts” and “relatively smart contracts.” The findings indicate that complete self-executability is practically unattainable, and even fully smart contracts may be disrupted under specific circumstances, such as software bugs or off-chain events. Moreover, the likelihood of breach is shown to be inversely related to the level of self-sufficiency of a smart contract. The study further demonstrates that the concept of breach in Iranian law and common law extends beyond deliberate non-performance to include situations such as force majeure and interference by third parties.
Ultimately, the article emphasizes that despite the technological advantages of smart contracts, exclusive reliance on self-executability is idealistic, and the application of traditional contractual remedies remains necessary in cases involving the breach of smart contracts.
کلیدواژهها [English]
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