بررسي نظام حقوقي حل و فصل اختلافات در فضاي مجازي با تأكيد بر قراردادهاي هوشمند و فناوري بلاكچين

Cyberspace, , E-Commerce, , Online Dispute Resolution , , Blockchain Technology an‎d Smart Contract

Examination of Legal Dispute Settlement System in Cyberspace with Prticular Emphasis on Smart Contracts an‎d Blockchain Technology

حقوق

Following the increase in the number of internet users an‎d in parallel with the development of cross-border e-commerce, disputes between persons in cyberspace naturally occur, which has led to the development of available, flexible, cost-effective, transparent, independent an‎d impartial dispute resolution mechanisms. In this regard, using the capacities of the internet an‎d information an‎d communication tools, several online settlement models have been designed an‎d implemented that the internet as a fourth party is their main pillar an‎d their proceedings are still dependent on the presence an‎d the role of third party is neutral. With the advent of smart contracts on the blockchain platform, the structure of dispute resolution is changing. In such a way that in this, the human third party will have the least role. However, resolving smart contract disputes due to the decentralized nature of their blockchain platform faces challenges that identifying an‎d resolving them will lead to better use of these technologies. One of the most important challenges is the compliance of smart contracts with the laws of private international law, which are based on physical an‎d territorial concepts, for which no separate laws have been enacted so far, an‎d the approach of countries is to comply with general rules. In this research, with descriptive-analytical method, the mechanisms of resolving disputes in cyberspace are investigated. The focus then is on resolving disputes arising from smart contracts on the blockchain platform. Finally, it is concluded that although settlement through arbitration is preferred for smart contracts because of the many benefits, regulation at the transnational level in particular, the ratification of international conventions an‎d the adoption of the “Lex cryptographia” it is more desirable to stan‎dardize the rules in this area, which require the improvement of blockchain infrastructure an‎d Oracle information systems to make information transparent. Acquire general office technology skills distributed by lawyers, legislators an‎d policymakers to interpret the automated an‎d decentralized world of blockchain an‎d smart contracts an‎d build awareness an‎d trust in this area to encourage people to use new methods of dispute resolution.

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