جستجوی مقالات مرتبط با کلیدواژه "بلاک چین" در نشریات گروه "فقه و حقوق"

Despite the different definitions of smart contracts that have been expressed, there is still disagreement regarding their definition and legal nature. Therefore, it is necessary to define the actual legal meaning and nature of a smart contract. Moreover, due to the self-executing feature of these contracts, the study of dispute resolution in these contracts is necessary. In the current research, after reviewing the definitions of smart contracts and how to ensure the self-execution features of them in the blockchain platform, the possible ways to resolve disputes in these types of agreements have been discussed. In conclusion, based on the specific feathers of these agreements, Arbitration has been suggested as the best suitable dispute resolution, and JUR and Kleros have been mentioned as examples of electronic arbitration with a mechanism specific to the blockchain platform to resolve disputes arising from smart contracts. Moreover, examples of electronic arbitration with a compatible mechanism to the blockchain platforms that can be accessible at the international level were examined, and online, decentralized, and fair dispute resolution methods in blockchain systems were proposed.

in recent years, smart contracts have become one of the key topics in legal research, with broad applications in regulating legal relationships. These contracts, implemented on blockchain technology, differ fundamentally from traditional contracts, enabling process automation and risk reduction. This study, utilizing a descriptive-analytical method and library resources, examines the legal nature of smart contracts and the challenges arising from them within the framework of Iraqi law. One of the issues addressed in this research is the analysis of the legal mechanisms governing contracts in Iraq and the possibility of integrating them into the new technology framework. The study also explores the impact of smart contracts on reducing legal and commercial risks and problems, demonstrating that these contracts can play an effective role in improving the process of contract formation and execution. At the same time, legal challenges between Iran and Iraq, due to differences in the interpretation and enforcement of laws, create issues in international cooperation. This underscores the need for a mutual understanding and closer legal collaboration between the two countries to establish a common and sustainable framework for future cooperation in the realm of smart contracts.​

Blockchain technology has brought about significant changes in the legal field over the recent years. Decentralized justice platforms have attracted a lot of attention thanks to their goal of increasing individuals’ access to legal services and providing widespread access to justice. However, using decentralized dispute resolution systems instead of traditional centralized systems necessitates a thorough examination of the opportunities and threats of this technology, given the high importance of the judiciary. This study aims to identify and rank the potential advantages and drawbacks of implementing blockchain technology within the judiciary. The study sample comprises a targeted group of information technology professionals from the judiciary. First, the benefits and challenges associated with using blockchain technology were examined comprehensively through a review of current literature. Then, significant indicators were identified using the fuzzy Delphi and ranked through the interpretive structural modeling. Results revealed that the security and accuracy of data processing, limitations on the number of transactions within a blockchain network, network security, interactivity of blockchain networks, disruption of communication due to cyber-attacks, high storage requirements, maintenance and support, data accessibility, and lack of public trust pose serious obstacles to implementing blockchain technology within the judiciary.

Decentralized cryptocurrencies have emerged as an essential regulatory issue for governments since their introduction in 2009 and widespread use in recent years. These new technologies exist in the environment of blockchains and peer-to-peer networks, outside the supervision of central banks. Therefore, the absence of a centralized regulatory body, anonymity, the lack of universally accepted classification, valuation problems, and extreme fluctuations have created challenges and inconsistencies regarding the regulation of cryptocurrencies, especially in tax discussions. This has resulted in the lack of integration and disorder of laws and regulations, and tax inequality for cryptocurrency users. In a review of the framework of the European Union's approach to value-added tax and capital-gains tax on cryptocurrency trading with a descriptive-analytical method and the use of up-to-date library resources, it was found that tax regulators are focused on the areas of cryptocurrency speculation and brokerage activities. Taxes are levied on business operators, while other cases are exempted from tax. But the analysis of this approach showed that the tax challenges such as the exchange rate, anonymity and fair value of cryptocurrencies have not been paid attention to; Therefore, the results of this research revealed that things such as the use of the LIFO storage method in calculating the fair value of cryptocurrencies, the creation of an initial registration system for exchangers providing virtual asset services, the supervisory body of the special action group for the treasury of cryptocurrencies, and the system of trading contracts in order to prevent The anonymity of cryptocurrency transactions helps tax regulators in Iran not to face the aforementioned challenges.

With the development of technology, the need to reform the legal system for the ultimate benefits are felt more than ever. A facet of technological advances in question is blockchain-based smart contracts, which have been widely welcomed with features such as self-execution, transparency, speed, and elimination of intermediaries. One of the special conditions of smart contracts is digital signature, which facilitates validation and measuring the accuracy of data assignment. In the United States, following the popularization of the use of smart contracts, their validation was carried out through electronic signatures, and in this regard, the Uniform Law of Electronic Transactions (1999) and the Commercial Law of Electronic Signatures at the National and Global Levels (2001) were used. These are indeed the regulations that can validate smart contracts with extended definitions of registrations and electronic signatures. However, there is still a need to enact new regulations on digital signatures and this has been one of the ongoing issues in legislation of blockchain technology. The current research has investigated the legal capacities in Iranian law for crediting smart contracts with a comparative approach and the study of similar cases in the United States law. In this regard, it was stated that in cases where the law deems written registration necessary, an electronic registration including the transaction recorded in the blockchain can also fulfill the condition of being in writing. Also, considering the necessity of validating smart contracts as well as accepting digital signatures in the legislative system, two proposed legal articles were presented in Iran's legal system.

Smart contracts are one of the new contracts in contract law.In this article, the function of smart contracts in creating documents is analyzed.

This article is descriptive and analytical and library method is used.

Ethical considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

Smart contracts have different functions. These functions include transferring assets, verifying identity, creating legal documents, and managing financial transactions. Smart contracts are one of the vital innovations of blockchain technology that help create documents and transactions without intermediaries. This technology based on smart contracts allows the creation and automatic execution of contracts with the help of executable programming codes on the blockchain.

In a prosperous and dynamic economy, ownership is an important concept and occupies an important part of the process of building trust in transactions. Today, blockchain-based smart contracts have gained considerable acceptance as a guarantee of the property rights of individuals and organizations. This tool is perhaps the most promising solution that has been created so far in solving the challenges of registering the ownership of assets; Because it makes the authentication process simpler and safer, it also strengthens trust through transparency.

Blockchain technology is rapidly emerging as a transformative force in various sectors, offering diverse applications in different societies. Within the blockchain domain, Non-Fungible Tokens (NFTs) are a distinctive type of encrypted tokens that form the foundation of cryptocurrencies and are recognized as digital assets. This research aims to explore the nature of NFTs and their relationship with literary and artistic property rights within the context of blockchain technology, particularly in the legal framework of Iran. The research methodology employed in this article is descriptive and analytical, relying on library sources. The research findings indicate that NFTs fall under the general protection of copyright laws in Iran and can be safeguarded as creative works. However, it is recommended that the establishment of specialized and novel regulations be considered to facilitate the adoption and utilization of NFTs both in Iran and other jurisdictions.

Market power is one of the most important notions and elements in analyzing the competitive practices of undertakings in markets which means the power of an undertaking to manipulate prices above the competitive level, limit production, and provide services in a significant way, and the ability of taking strategies to restrict and eliminate competition or create barriers to entering into the market. In parallel with the expansion of platform markets and the prominence of the role of data and AI, the issue of market power in the field of competition law has confronted new challenges. Regarding the characteristics of platform markets, the main question of the current research is to what extent big data can be considered as a source of market power and to how can the new strategies and approaches of competition law in digital markets, evaluate the relationship between big data and market power? Having analyzed the approaches of the most influential systems of competition law in the light of the latest developments, the present paper in descriptive-analytical research method is going to survey different opinions that accept a direct relationship between access to big data and market power, comparing it with assessments that deny it and in the final evaluation process, from an analytical point of view regarding the latest evolution in competition law, appraise the proposed opinions and comments to find out when big data may result in market power and, consequently, the necessary and related competition law norms should be applied. Examining the subject, this research notes the role of blockchain in adjusting the market power originating from big data and looks into the current approaches of Iranian competition law. The results of this paper show that in platform markets, the usual norms of competition law cannot overcome the competition challenges of big data effectively. Considering the reasons and considerations raised by the proponents and opponents of the existence of a relationship between big data and market power tips the balance in favor of those who believe that this relationship exists; However, although big data may be regarded as a source of market power, a definitive and direct relationship between them is not conceivable, and a comprehensive analysis of the subject depends on particular condition of the markets and the current and future developments of the platform markets. In addition to paying attention to the characteristics of the relevant platform markets, especially the type of barriers to entering digital markets or network effects, taking into account the exclusive or non-exclusive character of the data, the position, and the ability of undertakings to gather, processing and use them by employing AI, using the outputs in targeted advertising and making profits from big data, the contribution of big data in improving or strengthening the company's market position, their role in facilitating likely anti-competitive practices, especially the abuse of a dominant position, innovation considerations and the need to respect the creative efforts of undertakings in platform competition process is necessary. Although revolutionary technologies such as blockchain have succeeded in adjusting the market power made by big data and will play a greater role in this field in the future, according to the actual realities of platform markets, they currently do not have a great impact on the competition environment and gatekeeper undertakings are still have excessive control over the data of personal and business users, which has provided them with the opportunity to make obstacles to entry into the market and commit anti-competitive behaviors. Accordingly, the necessity of competition authorities' control over them by revising some usual norms of competition law is necessary. Considering the new entrance of competition law in Iranian legal systems and the complex competition issues of digital markets, it is obvious that there is more opportunity for big platforms to use big data in forming undue market power and restricting competition for other undertakings.  The approach of the new documents in regulating the subject needs serious comments from different points of view and requires significant revision, adjustment, and expansion; in such a way that guarantees the competitive freedom of gatekeeper platforms that can play an important role by employing big data in providing new or improved services and products, intensifying competition and ensuring the welfare of users, and the need to prevent the abuse of market power, limiting the possibility of committing anti-competitive practices and eliminating small competitors and start-ups, a kind of reasonable balance should be established in the light of attention to the developments of modern competition law.

Metaverse is a Three-dimensional (3D) virtual framework where users can communicate with each other and engage in various activities. Despite the advantages that have led to the development of Metaverse, this environment also has many legal challenges. Along with new opportunities, this virtual world has caused different legal problems. Among these problems are issues related to preserving the integrity of the physical and spiritual personality of people, as well as how to protect intellectual property rights and even material property rights of people. Regardless of the challenges, one of the most important concerns for users who are active in this virtual world is how to protect their digital identity and personal data in the metaverse. Explaining that people in the metaverse are in the form of avatars; Avatars are a representation of a person's personality in the metaverse and allow users to recreate not only their physical appearance but also their movements and behaviors. The use of avatars has created various challenges. One of the most important challenges is how to protect information privacy, specifically protecting personal data in the Metaverse, as well as the possibility of giving avatars personality. The stated issues are the main questions that this research has answered with a descriptive-analytical approach and the use of comparative studies. Now there is no specific law for metaverse. Therefore, it is difficult to control this virtual world and the flow of legal protections for it, even though many people are related to Metaverse for various reasons and the lack of a legal framework is inappropriate and even dangerous. According to the above, the solution is to use related legal frameworks in the effective legal systems regarding Metaverse as well as the Iranian legal system. In other words, some provisions of related laws and regulations in the EU legal system can be used as an effective legal system for this issue. The European Digital Identity Regulation, as well as the legal related to artificial intelligence in this legal system, are among these matters. In addition, it is appropriate to pay attention to the legal frameworks related to the protection of personal data in each of the legal systems due to the connection between digital identity and personal data. In this regard, it is possible to use the European General Data Protection Regulation and the proposed documents related to personal data in Iranian law. Considering that one of the most important aspects of protection based on the previous frameworks is the existence of various obligations for controllers and processors and numerous rights for data subjects; It seems that the use of these obligations and rights in Metaverse will lead to legal protections in this environment. blockchain technology can also be used to control the metaverse. Blockchain is a safe and widely used technology that is significant in various fields. Regarding the current discussion, blockchain can be used as a platform for realizing legal protection in the metaverse and monitoring it. Each of the different types of blockchain - mentioned in this research - controls the metaverse in a way and specifically protects personal data and identities in this environment. According to the results of this research, it seems that the use of private blockchains is more suitable due to the better implementation of laws and regulations on it, as well as the ability of legal institutions to monitor it. Of course, the use of this technology has also been evaluated in some legal systems, including the European Union, while this has not been achieved in Iranian law. For this reason, the Iranian legislator should - with the help of people who are experts in this technology - determine the legal opinion regarding which of the types of blockchain is more suitable for realizing comprehensive protection for digital identities in the metaverse.

Metaverse is a 3D virtual world where users can communicate with each other through avatars. This digital world affects many aspects of the real world and involves many sciences with many challenges. In this regard, legal science also faces many legal issues despite the existence of the metaverse. Regardless of the various legal challenges related to the Metaverse, One of the critical issues is how to protect children's rights in the metaverse adequately. Although this virtual world brings many advantages for children, including the fact that it can be used as an educational platform and interactive environment, it quickly exposes children to various training and skills. However, this technology also creates many disadvantages and risks that make it necessary to pay special attention to children. These include children in this environment being more exposed to cyber harassment or inappropriate content. Despite the necessity of such protection, this research has studied the legal challenges related to the metaverse, especially the impact of this environment on children, with a descriptive and analytical approach. The result of what was investigated became a basis for achieving the research goal, i.e., how to protect children in the metaverse effectively. According to the conclusion of this research, adhering to general legal frameworks and paying attention to specific laws and regulations, benefiting from artificial intelligence and blockchain technology and defining and using special tools can be efficient for the comprehensive Protection of children in the metaverse.

Since earliest times, money has been a medium of exchange, a measure of the value, and store of value. The newest developments in the field have made us face a new type of money known as cryptocurrencies which, contrary to the traditional forms, are not controlled by states. This has given rise to questions on their legitimacy. This article provides both a jurisprudential and conventional understanding of the issue with some explanations about their functions and benefits and harms. First, we have sought the possibility of attributing finance to this new type of money and after approving it, its transactional structures are presented. According to jurisprudential definitions, one can adjust acts such as bai’(contract of sale) , solh (amicable arrangement), and undetermined contract to transactions that use cryptocurrencies. We have concluded that, contrary to current oppositions, we can confirm the validity of transactions based on cryptocurrencies.

The footprint of block chain and all types of crypto assets is evident in various sectors of the economy and international commerce. This various role and its streaming capability can challenge many of the previous regulations and show the inadequacy and inefficiency of the existing regulations. Examining the factors that cause the entry of such technology in the field of economy and international commerce shows the necessity of having regulations in harmony with the emergence of this technology and the current and future changes in international commerce. Factors such as the global trades of these assets, their use as a new tool of international payments or as a tool for financing and investment, and their function to apply global ownership will necessitate an international look at this technology. Beside, this issue is one of the cases whose effects and consequences can be extended beyond the national borders, and in such cases, there is a need to unify national laws and regulations. The difference in countries' approaches shows that national regulations alone are not able to create order and discipline in this global category. Therefore, in such matters, it is necessary to seek international order and discipline through the establishment of uniform and coordinated regulations with other countries.

The formation of cryptocurrencies in late 2008 led to widespread developments in world trade. Cryptocurrencies are a form of digital currency on blockchain and encrypted and that's why they have many disadvantages and benefits that distinguish them from other virtual money and traditional money. The nature of cryptocurrencies has led the international organizations as well as Iran and other countries to adopt different approaches to cryptocurrencies in recent years. The popularity and value of the cryptocurrencies are increasing day by day, and today there are few people who do not know the cryptocurrencies, for this reason, a transparent approach from governments should be adopted and a comprehensive law must be adopted to be able to use the cryptocurrencies in the best way and by recognizing their shortcomings, prevent possible damage to the economy and security of the country. It is necessary and essential to study this issue in view of the imposition of the United States of America sanctions on our country and the increasing expansion of these sanctions and the resulting economic problems because cryptocurrencies have certain features and advantages that can be used as a way to pay and transfer internationally and even domestic payments in these situations. This article tries to answer the following main question: What is the position of cryptocurrencies in world trade? And also, these questions are to be answered: What are the advantages and disadvantages of cryptocurrencies? What is the approach of international organizations and Iran regarding cryptocurrencies?

One of the most important legal issues in the electricity supply chain is how to activate consumers who start producing electricity in the electricity market. At the time of writing, the presence and activity of electricity consumers in the Iranian electricity market has been very passive. Because their role as independent market participants has been flawed or not facilitated. How Blockchain technology can help customers in the lowest position in the electricity supply chain in Iran to have an active presence in the electricity sector as independent market participants? What legal and political consequences will follow the application of blockchain technology in the electricity industry in the country?

This research has studied the relevant sources and collected information by descriptive-analytical method.

Using emerging technologies such as Blockchain, which uses a peer-to-peer trading method, in addition to activating consumers in the electricity market, the idea of creating an electricity market with the presence of consumers can be pursued. Transactions are now facilitated by third parties, suppliers, and system operators whose primary task is to collect and centralize information about cargo and the production and contracting of supply and distribution services. Instead, blockchain technology provides new ways to organize decentralized people without the immediate need for an intermediary. The use of this technology requires legislative policy in order to validate these technologies, legislative policy in order to implement emerging technologies and implementation policy in order to install and use these technologies by executive agencies.

In the last decade, the combination of blockchain, distributed ledger technology, and digital contracts has led to the invention of the modern form of smart contracts. In fact, smart contract is a self-executing computer software. Resolving the problem of breaches of obligations-especially among anonymous interlocutors in the international arena-, reducing the need to physically go to the court, eliminating major human interventions in the ratification and implementation of the provisions of the contract are some of the achievements of this initiative. One question which is raised is that in addition to the basic conditions of contracts mentioned in Article 190 of the Civil Code, ‘what legal rules are required in the design of such contracts, especially to protect the public non-legal entities?’ The present study was done by descriptive-analytical method to investigate the recent developments of French civil law in order to regulate special provisions of electronic contracts in compliance with Iranian law. Findings show that due to the inconsistency of the nature of smart contracts with current electronic legal contracts, some important legal rules such as good behavior and commitment of the parties to the full knowledge of the provisions of the contract may be violated in such contracts. In addition, there is a possibility of violation of personal or mental criteria governing the correctness of transactions, such as consent to conclude a contract in the electronic agency. As a result, using the jurisprudential rule of Estimar, the maximum authority of the electronic representative is to provide advice in concluding a contract, and the will of individuals cannot be considered as defeated by predetermined computer algorithms. Therefore, the proposed solution in order to express the full will of parties is to use smart combined contracts (code and text).

Crypto currency is a cryptocurrency-based currency that, despite its decentralized management of users, has always secured payments and operations. Fast transfer with low cost, decentralized issuance, definite amount and high security of storage prevent the blocking or seizure of this type of asset. Islamic thinkers have two different views on the cryptocurrency. It is haram and forbidden and it is permissible and unobstructed. In addition to these religious challenges, due to the peer-to-peer transfer and decentralization and the consequent elimination of intermediary institutions, the requirement for policy-making in the face of this emerging economic phenomenon has become particularly important. Especially since every day we see tremendous advances in technology, the growth of multinational corporations, the integration of the national economy into the realm of global economies, the change of monetary and financial systems, and finally the creation of new and decentralized global markets. In the drawn space, the new monetary system is a necessity and facing such a space is undeniable. In the meantime, crypto currency is a precursor to the awareness of governments to provide the necessary conditions for global developments with the necessary policies at different levels of governance, legislation and regulation. Our country's approach has been different and sometimes contradictory since the emergence of this new phenomenon. Therefore, in this article, with the method of library analysis, we have dealt with jurisprudential and legal studies of encountering cryptocurrencies, and in the path of globalization, the comprehensive strengthening of this inevitable encounter before universality becomes a necessary necessity that we know.

The spread of the Coronavirus has created many problems for businessesand startups. The spread of the virus has led to a sharp decline in demand forgoods and services from businesses and has created many financial problemsfor these institutions. Challenges for businesses in the distribution andsupply chains and the imposition of personnel costs, government, etc.Besides, increasing the willingness of society to buy their items fromelectronic environments leads to the growth of businesses' tendency to selland supply products. In the electonic environments. But despite preventingthe spread of the virus, the new mechanism still faces challenges fromfinancing businesses and supply chain problems, as well as new challengessuch as transparency and security of exchanges. The solution presented inthis field is to provide fintech loans by credit companies and do business indecentralized platforms. Of course, implementing the stated solution willrequire some legislative and executive policies.

The principle of fairness is one of the principles of trade law, which is sometimes violated by some traders' anti-competitive practices. Incorporating unfair terms into commercial contracts is one of the acts that can compromise the quality of implementation of this principle. These conditions are sometimes imposed as a result of the behaviors of the macro-traders in the primary supply chain loops in the end-ring trader contracts, and sometimes as a result of the circumstances surrounding the business and consumer contracts. To prevent the abovementioned conditions in contracts, the technological solution offered internationally is the implementation of decentralized platforms and the conclusion of commercial contracts in the form of smart contracts. The mechanism for concluding these contracts is in such a way that the insertion of an unfair condition results in the contract not being formed. But the implementation of this mechanism in the legal system of countries faces challenges that require some legislative policymaking, including the harmonization of international regulations and the creation of information transparency.