Document Type : Original Article
Authors
1
Master of International Law, Department of Law, Faculty of Law and Political Science, Islamic Azad University, South Tehran Branch, Tehran, Iran (Corresponding Author)
2
Assistant Professor, Department of International Law, Islamic Azad University, South Tehran Branch, Tehran, Iran
10.22034/lc.2025.560897.1714
Abstract
Blockchain technology and smart contracts, providing a decentralized, transparent, and immutable framework for recording and automatically enforcing obligations, represent one of the most significant contemporary challenges and opportunities in contract law. By eliminating intermediaries, reducing costs, and enhancing security, these technologies have transformed traditional methods of contract formation and performance. At the same time, they raise fundamental questions regarding validity, admissibility, interpretation of the parties’ intent, flexibility, and legal liability. The United Nations Convention on Contracts for the International Sale of Goods (CISG), as a principal instrument for harmonizing international sales law, offers a key framework for assessing the legal status of smart contracts at the transnational level. This study examines the fundamentals of blockchain technology, the structure and characteristics of smart contracts, and analyzes the Convention’s provisions to determine the extent to which smart contracts align with CISG rules on contract formation, validity, interpretation, and related matters. Using a descriptive-analytical method, the research first explores the technical and legal features of smart contracts, then evaluates their conformity with the CISG through a comparative analysis, particularly regarding contract formation, validity, and performance of obligations. Findings indicate that many CISG principles, including freedom of form, the possibility of non-face-to-face contract formation, and interpretation based on the parties’ actual intent, are compatible with the digital nature of smart contracts. Accordingly, employing such contracts as valid instruments for the international sale of goods is feasible, situating them firmly within the scope of the CISG.
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