نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
The emergence of the metaverse and the expansion of interactions in this novel environment have posed a fundamental challenge to the traditional theory of 'mistake' in contract law, threatening the validity of agreements. Iranian and French law, despite shared foundational principles (such as the effect of a mistake regarding the subject matter, essential qualities, or the identity of the party), diverge in their approaches, notably in the acceptance of 'excusable mistake' in French law. This divergence acquires more complex dimensions in the digital environment.
The unique features of the metaverse, such as the anonymity of avatars, the complex nature of digital assets (NFTs and cryptocurrencies), and the automated execution of smart contracts, increase the potential for fundamental mistakes regarding the identity of the parties, the nature of the subject matter, and the performance of the code, thus creating new legal complexities.
Employing a comparative-analytical approach, this research examines the theoretical foundations of mistake in Iranian and French law and elucidates its manifestations and challenges in metaverse contracts. The findings indicate that managing the risk of mistake in this space requires multifaceted solutions, including the precise design of smart contracts, the implementation of digital identity verification systems, and the provision for remedial mechanisms.
Finally, the paper concludes that developing a common legal framework is an essential step toward the effective standardization and regulation of metaverse contracts at both national and transnational levels.
کلیدواژهها English