Judicial Law Views Quarterly (Law Views)

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sadeghi H, Naser M. Examining the role of Smart Contracts in the development of the electronic registration system of documents. دیدگاه‌های حقوقی 2019; 23 (84) :101-124
URL: http://jlviews2.ujsas.ac.ir/article-1-1162-en.html

The document registration system is one of the most important instruments for guaranteeing the rights of individuals and preventing the occurrence of many disputes. In many developed countries, attempts have been made to change the system of registering transactions and documents. Thus, countries like the United States and Britain have changed the status of electronic registrations by adopting new laws, and by use of new technologies, have recreated the new registration system using smart contracts in the block chain. Although new laws such as the Cadastral Law have been approved in Iran, and electronic registration has been developed more widely, but the use of new registration methods in the block chain with the use of smart contracts requires the development of technical and legal contexts and infrastructure. Smart contracts are electronic contracts that have unique features such as security, supervision, transaction efficiency, and the need for financial intermediaries and judicial authorities to interact with other electronic contracts. Implementation of the process of concluding these contracts in Iran's law requires attention to the challenges in this area, including how to determine the time and place of concluding these contracts, the challenges associated with defects of will, the system of responsibility, the system of risk acceptance. Solving these challenges can make these contracts more effective in Iranian law. In this paper, we tried to study the latest scientific works published in this field in the world and to use legal experience of some developed countries and to examine the current status of the Iranian registration system and to review the existing capacities, substrates, challenges, deficiencies, and inadequacies and solutions.