نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Nowadays, due to the increasing growth of smart tools on one hand and the abundance of transactions on the other, many merchants and commercial companies carry out their legal actions through smart tools. One example of this is concluding contracts through smart agents; meaning that many individuals entrust the conclusion of contracts to smart agents. These tools act on behalf of companies or natural persons to conclude contracts. Given that smart tools do not possess will like natural humans, the question arises as to the validity of contracts formed through smart agency, and subsequently, the impact of such agency actions on the obligations of the principal can be discussed. The present research, using a descriptive-analytical method and library tools, seeks to answer this question. The research findings indicate that by relying on jurisprudential and legal standards, such contracts can be considered valid, and the impact of smart agents' actions on the principal's obligations can be justified. Legally, by referring to concepts such as the lack of necessity for specific intent in every contract, the theory of unilateral offer, the theory of the legal personality of the smart agent, and the doctrine of apparent authority, the validity of contracts arising from smart agency can be justified, and the possibility of this type of agency affecting the principal's obligations can be discussed. From a jurisprudential perspective, by relying on rules such as preserving order and sovereignty, such contracts can be justified, and the impact of the contractual agent's actions on obligations can be explained.
کلیدواژهها English