نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Recent developments in digital technologies, particularly blockchain and smart contracts, have created significant challenges in the field of international trade law. With the increase in commercial transactions within decentralized platforms and the self-executing, immutable nature of these contracts, issues of legal validity, the formation of intent, and their enforceability in traditional systems have become a global challenge. The main research question is how the United Nations Convention on Contracts for the International Sale of Goods (CISG 1980) can provide the necessary flexibility to accommodate smart contracts and what legal and conceptual gaps exist in this adaptation. The significance of this research lies in the fact that the Convention’s regulations were drafted in an era when modern digital technologies did not exist, and they lack the explicit capacity to address the complexities of code-based contracts. The objective of this article is to provide a theoretical and comparative analysis of the validity and enforceability of smart contracts in the light of the CISG, identifying legal obstacles and offering an analytical framework for integrating this technology into international trade. The research methodology is descriptive-analytical, based on a documentary study including the Convention, UNCITRAL advisory opinions, articles, and legal doctrine. The findings indicate that while the general principles of the CISG (such as the principle of freedom of form) allow for broad interpretation, specific areas such as the timing of contract formation, manifestation of intent, and liability for coding errors require revision or new interpretations. The innovation of this article lies in providing a hybrid legal and technical analysis that clarifies the gap between classical international trade law and emerging technologies, mapping the path for the validation of smart contracts in the international arena.
کلیدواژهها English