نوع مقاله : پژوهشی (داوری سریع)
نویسندگان
فقه وحقوق،دانشکده الهیات،دانشکدگان فارابی،دانشگاه تهران،قم،ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Rapid advancements in emerging technologies, particularly Artificial Intelligence (AI) and smart contracts, have introduced novel challenges to contemporary jurisprudential and legal systems. One of the most significant challenges in this context concerns the applicability of traditional concepts grounded in human volition, such as the creation and exercise of a condition option (Khiar Shart), within the domain of AI. According to the consensus of Twelver Shiite jurists and Article 399 of the Iranian Civil Code, the creation of a Khiar Shart by a third party is legally permissible; AI, as an emergent example of a third party endowed with data processing capabilities and automatic execution of transactions, plays an effective role in smart contracts. The principal question addressed in this paper is whether the creation of a Khiar Shart for AI, as a third party, is feasible and legitimate from both jurisprudential and legal perspectives. Employing an analytical-descriptive methodology, this study examines concepts including the legal personality of AI, volition and intent in legal acts, and the nature of acceptance in contract formation. It demonstrates that AI, by purposeful design, can be regarded as a legal entity with limited capacity. Furthermore, based on the theory of intelligence as a foundational element, intelligent systems possess the capacity to realize the necessary intent and volition to perform dispositive legal acts such as the Khiar Shart. Jurisprudential views considering acceptance as an expression of consent also support the possibility of contract formation and the exercise of Khiar Shart by AI. Consequently, the creation of a Khiar Shart for AI in smart transactions, enabled through appropriate algorithmic design, is jurisprudentially legitimate and legally compliant with the Iranian legal framework.
کلیدواژهها [English]
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