Jurisprudential and Legal Validity of AI-Based Contracts as an Electronic Agent in the Formation of Transactions
Keywords:
Juristic and Legal Validity, Contract, Artificial Intelligence, Electronic Agent, Transaction ExecutionAbstract
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.
Downloads
References
Ahmadi, S. A.-A., Darayi, M., Salamzadeh, A., & Jafari, M. (2013). Artificial Intelligence and Business Opportunities: Identifying the Functions of Artificial Intelligence in Creating Competitive Advantage for Technology-Based Businesses (A Study of the Computer Games Industry). Journal of Entrepreneurship Development, 6(2), 7-26.
Arasteh, H. (2017). Virtual University. Rahyaft(28).
Bakouei, F., & Zendeh Rouh, S. (2007). Book of Science and Technology of the Month. Ketab-e Mah-e Olum va Fonoun(99), 29-30.
Dehkhoda, A. A. (1998). Dehkhoda Dictionary. University of Tehran.
Katouzian, N. (1990). Testament in Iranian Civil Law. Sherkat-e Sahami-ye Enteshar.
Katouzian, N. (2016). Specific Contracts. Sherkat-e Sahami-ye Enteshar.
Matlabi, K. (2014). A Philosophical Examination of the Possibility of Strong Artificial Intelligence in Light of Different Views on the Mind-Body Problem. (1), 173-196.
Nouri, M. A., & Nakhjavani, R. (2017). Electronic Commerce Law (1 ed.). Ganj Danesh Library.
Qaemi-Nia, A. (2006). Religion and Artificial Intelligence. Zehn, 7(25), 23-26.
Safaei, S. H. (2000). Introductory Civil Law Course: General Rules of Contracts. Mizan.
Saleh-Abadi, R., Rasekh, M., & Talebpour, A. (2019). Determining the Scope of Artificial Intelligence Research from the Perspective of Rights and Public Interest. Shahid Beheshti University, Faculty of Law.
Sarabadani, A., & Amir, F. (2018). Artificial Intelligence and Expert Systems. Jaliz Publishing.
Shayegan, S. A. (1945). Civil Law of Iran (3 ed.). Taha Publications.
Whitby, B., Majdfar, H., & Bahrani, A. (2017). Artificial Intelligence Made Simple.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Mohammad Amin Rezvani

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.