A Jurisprudential and Legal Analysis of the Challenges of Consent and Performance of Obligations in AI-Based Electronic Contracts under Crisis Conditions
Keywords:
Electronic Contract, Artificial Intelligence, Contractual Consent, Performance of Obligations, Crisis ConditionsAbstract
Artificial intelligence-based electronic contracts in crisis conditions, due to their speed, automation, and the complexity of decision-making processes, create novel challenges concerning contractual consent and the performance of obligations. This study aims to provide a jurisprudential and legal analysis of these challenges by examining the validity of the parties’ consent, the possibility of attributing algorithmic decisions, and the scope of liability in the performance of contractual obligations within AI-based environments. The research adopts a descriptive–analytical approach based on the examination of library resources and the study of the principles of Imami jurisprudence and the substantive law of Iran. The findings indicate that, under crisis conditions, concepts such as informed consent, intention to create legal effects, good faith, hardship and distress, and the rule of no harm (La Darar) play a decisive role in assessing the validity and performance of contractual obligations. Furthermore, the lack of transparency in the operation of intelligent systems may undermine the authenticity of consent and create difficulties in the fair execution of contracts. Accordingly, the study concludes that appropriate legal regulation, algorithmic transparency, and the establishment of protective mechanisms can contribute to ensuring contractual justice and reducing disputes arising from the use of artificial intelligence in electronic contracts.
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Copyright (c) 2025 Seyedeh Leila Nabavi , Hajar Abedi Gasgari (Author); Mahdi Sheikhmahmoodi; Sepideh Niksefat (Author)
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