Jurisprudential and Legal Validity of AI-Based Contracts as an Electronic Agent in the Formation of Transactions

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Keywords:

Juristic and Legal Validity, Contract, Artificial Intelligence, Electronic Agent, Transaction Execution

Abstract

The objective of this study is to determine, through an examination of the jurisprudential (fiqh) and legal foundations of Iran, the validity of contracts in which artificial intelligence functions as an electronic agent in their formation. The research context is grounded in fundamental concepts of contract law—such as intention, legal capacity, and mutual consent—in the digital era. Given the absence of consciousness and independent will in artificial intelligence, this study analyzes its role either as a mere instrument or as an autonomous agent, in order to clarify under which scenarios such contracts are considered valid and under which they are deemed void. This research is theoretical in nature and has been conducted using a descriptive–analytical method. The findings indicate that the validity of AI-based contracts is contingent upon the legal capacity and intention of the human agent; where artificial intelligence serves an instrumental role, the transaction is valid, whereas in cases of its assumed independence, the transaction is void, and liability ultimately reverts to the human actor. Accordingly, AI-based contracts are valid when AI operates as a tool, but void when it functions as an independent agent; in all cases, responsibility remains with the human.

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References

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Published

1406-04-01

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مقالات

How to Cite

Rezvani, M. A. (1406). Jurisprudential and Legal Validity of AI-Based Contracts as an Electronic Agent in the Formation of Transactions. The Encyclopedia of Comparative Jurisprudence and Law, 1-13. https://www.jecjl.com/index.php/jecjl/article/view/536

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