سعید نجات زادگان

In order to determine the timing of smart contract formation, which is considered a type of electronic contract, the authors initially examine the viewpoint of traditional contract law. In England and the United States, the doctrine of receipt of acceptance is accepted for instantaneous transactions, while the doctrine of dispatch of acceptance is applied to non-instantaneous contracts to determine the timing of contract formation. In Iran, a unified approach has not been adopted by legal scholars, and the authors advocate for the acceptance of the doctrine of declaration of acceptance. However, regarding the timing of electronic contract formation, the legal systems of England and the United States consider the time of sending the data message as the moment of contract formation, while the Iranian legal system, we claim, relies on the time of signing the acceptance letter as the criterion for contract formation. Various assumptions can be conceived regarding the timing of smart contract formation, and the authors argue that legal systems adhering to the theory of receipt of acceptance should rely on "receipt of the message containing acceptance of the smart contract," while legal systems favoring the theory of dispatch of acceptance should consider the "time of signing the contract with a private key by the acceptor" as the criterion for determining the timing of smart contract formation.

A smart contract is one type of electronic contract whose specific feature is automatic execution. General validity conditions of contracts should be met to determine the validity of a smart contract. General validity conditions of a contract from Iran and the United States of America perspective consist of parties’ capacity, mutual agreement, valid subject-matter, and legitimacy of contract purpose. As described in this article, parties’ capacity normally does not examine in the routine procedure of smart contract conclusion, and it’s obligatory to ensure the complete capacity of parties by additional measures. Mutual agreements easily can be determined in smart contracts. Smart contracts can be concluded as reciprocal or nonreciprocal; and this article clarifies if there was no consideration in a nonreciprocal smart contract, it should be deemed as void in USA territory. Finally, if the purpose of a smart contract conclusion was illegal, undoubtedly that contract will be invalid in both Iran and USA territory.

Nowadays, it is almost impossible to design a website without utilizing of links. Different types of Web links (Hyperlinks, IMG links and Frame links) circulate users on the web and refer them into places which linker had determined previously. This issue may endanger exclusive rights of intellectual property holders.
Although sometimes Links had infringed trademarks and somewhere are recognized as unfair trade practice, the most important talented point of their controversies in the intellectual property system is located under the copyright and possible infringement of its exclusive rights.
This article tries to describe technical and legal issues of various types of links and their functions and determine the rights of web page owners in this regard. In addition, this research endeavors to differentiate cases which can be considered as unconventional linking in contrast to legal linking in the light of judicial precedent and related established copy rights in the leading countries and Iranian rules specially Electronic commerce Code.

Franchise contracts have always been, from the past up until the present, one of the permanent and challenging subjects in competition law because of their nature and effects. Since this form of contract has, recently, found an important place in Iranian contract law, this article attempts to discuss the controversial terms and conditions of this type of contract, using the legal and judicial approaches of these legal systems in the field of franchise agreements (such as the EU and USA). This is done, first, from the point of view of aforementioned system of competition law and, then, by using these approaches, the position of Iran competitive law in this regard is assessed.