Jurisprudential and Legal Dimensions of Electronic and Digital Transactions in Iranian Law

Abstract

Today, with the growth and transformation of societies, the subject of jurisprudential and legal rulings related to electronic transactions has become one of the prominent issues, such that various aspects of this field can be examined. Despite the existence of relevant laws such as the Electronic Commerce Act, these regulations are not fully capable of covering all the rulings and consequences related to this type of transaction. Among the significant issues raised in this context is the permissibility or impermissibility of certain electronic transactions associated with digital currencies, such as the sale of cryptocurrencies and their multiple types, smart contracts in electronic and digital transactions, the manner of filing lawsuits related to such transactions, methods of proving validity and enforcing related rulings, as well as the study of the legal nature of these transactions. In addition, other issues in this area also hold considerable importance. Therefore, the aim of the present study is to investigate the jurisprudential and legal dimensions of electronic and digital transactions in Iranian law using a descriptive–analytical method. The findings indicate that electronic and digital transactions have different consequences in jurisprudence and law in Iran; some jurists have accepted them, while others have deemed such transactions ineffective. In this respect, if the technical, educational, behavioral, cognitive, judicial, and other infrastructures are provided in countries, these types of transactions can have a profound impact not only at the national level but also at the international level.