A Comparative Critique and Analysis of the Nature of Smart Contracts in the Legal Systems of Iran and the United States of America

Smart contracts are a type of electronic contract that is concluded and executed without direct human intervention, using new technologies such as blockchain and artificial intelligence. These contracts are monitored and processed automatically by intelligent systems from the moment of conclusion to final execution and have features such as transparency, high speed, reduced transaction costs, and technical reliability. In the context of smart contracts, the parties to the contract and artificial intelligence systems have the ability to access the information being transacted and the characteristics of the other party in a transparent and encrypted manner. Although smart contracts are compatible with legal systems in terms of having the basic conditions for the validity of contracts, they have created new issues in the field of private law and obligations. This research has been written with a descriptive-analytical approach and with the aim of comparative examination of the nature of smart contracts in the legal systems of Iran and the United States of America. The main focus of the research is to examine the legal challenges of this type of contract, especially in the areas of consent, capacity of the parties, digital signature, citation, determination of governing law, and competent authority in international litigation. The research findings show that the American legal system, by gradually accepting this technology, has taken steps towards identifying and regulating smart contracts, while Iranian law still faces legislative gaps and jurisprudential challenges.