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An Analysis of the Principle of Irrevocability of Contracts in Agency within Electronic Agreements
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Mohammad Mahdi Varposhti Borujeni    |
| MA in Private Law, University of Islamic Sciences of Razavi, Mashhad, Iran. |
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Abstract: (76 Views) |
Background and Purpose: The principle of the irrevocability of contracts recognized as one of the foundational elements of contract law serves to ensure the enforceability of obligations arising from agreements. However, digital developments, particularly in the realm of electronic agency, have created novel challenges in applying this principle. The emergence of mechanisms such as electronic signatures and smart contracts, alongside complexities in identifying parties and verifying genuine intent, highlights the need to reassess this principle within digital frameworks.
Materials and Methods: This article employs an analytical-descriptive methodology and draws upon both legal and technological sources to examine the application of the principle of irrevocability of contracts in digital agency contexts.
Ethical Considerations: This article is derived from the author’s master's thesis, and all ethical standards in research and writing have been observed.
Findings and Conclusion: The findings indicate that, unlike legal or judicial agency, contractual agency can only fall within the scope of the principle of irrevocability of contracts when incorporated as a stipulation within a binding contract. In digital contracts, although the essential character of the principle remains intact, technological specificities such as the automated execution of smart contracts, limitations in verifying intent, and constraints on withdrawal complicate its enforcement and the liabilities of parties in case of breach. A comparative analysis with French law shows that effective enforcement of this principle in digital settings requires formal legal recognition of digital agency, a redefinition of traditional contractual concepts, and adoption of regulations compatible with electronic infrastructures.
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Article number: 6 |
| Keywords: Principle of irrevocability of contracts, Agency, Contract, Electronic Contracts |
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Full-Text [PDF 540 kb]
(45 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/09/13 | Revised: 2024/11/15 | Accepted: 2024/11/20 | Published: 2024/12/21
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