Analysis of the nature and effects of contracts concluded by automated message systems

Document Type : Original Article

Authors

1 private law- faculty of Law-Beheshti university of Tehran

2 Intellectual Property Rights and Cyberspace Department, Faculty of Law, Shahid Beheshti University.Tehran

3 private Law, Faculty of Law, Beheshti University.Tehran

10.29252/jlr.2021.167472.1314

Abstract

Despite the extensive use of automated message systems, domestic and international laws are silent about explaining their legal situation, transactinal status and the way of compensation etc. there are different views and procedures among lawyers and courts which sometimes have made dilemmas. From the authors' point of view, the main reason for this conflict is the lack of accurate classification of automated message systems. To properly understand the nature and legal status of these systems, they must first be divided into four types in terms of performance. The first and second types are Reactive & limited memory systems, which have little degree of independence. The user of these systems plays a major role in concluding contracts, and he is responsible for the compensation of the system. The third type is Theory of Mind system that while perceiving benefit and loss and feeling emotions, acting like a real agent on behalf of original party at cyberspace. they must be held responsible for acting beyond the scope of their authority as a real defaulting agent. The systems of self-awareness, are a complete example of a system with the power to understand logic, emotions, needs, aspirations, and self-interest. Assets, legal personality, responsibility and basic rights for these systems are meaningful. Lawyers have suggested the insurance theory for compensating the responsibilities of these two systems. Despite the conflicting legal practices of the legal community, recognizing the legal dimensions of systems and responding to problems in the e-commerce world requires a distinction between their issues.

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History

  • Receive Date: 12 January 2021
  • Revise Date: 20 July 2020
  • Accept Date: 25 December 2021

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