The Applicable Law Governing Contractual Obligations Arising from the Intervention of Intelligent Robots: A Comparative Study
DOI:
https://doi.org/10.65263/2t0p0055Keywords:
Keywords: conflict of laws, smart contracts, digital Justice, digital legal responsibility .Abstract
This research examines the mechanisms for applying the law governing smart contracts and the methods for determining such law within the framework of civil contracts. Traditional means of determining the applicable law to contractual obligations are based on the role of party autonomy, namely the mutual agreement of the contracting parties. Accordingly, the main issue arises in determining the applicable law to smart contracts.
References
• Inas Makki Abd Nassar, “Legal Gaps in Civil Liability Arising from Damage Caused by Electronic Devices: A Comparative Study,” Journal of Law for Legal Studies and Research, No. 22, 2021.
• Mohammed Irfan Al-Khatib, “The Legal Status of the Robot: Legal Personality and Liability,” Kuwait International Law School Journal, Sixth Year, No. 4, December 2018.
• Ahmed Jaafar Shawi, “Criteria for Determining the Law Applicable to Consumer Contracts: A Comparative Study,” Journal of the College of Law and Political Science, College of Law and Political Science, Iraq, No. 6, 2023.
• Ahmed Abdel Karim Salama, International Contract Law: Negotiations of International Contracts, Party Autonomy and Its Crisis, Dar Al-Nahda Al-Arabiya, Cairo, 2008.
• Ayman Mohammed Abdullah, The Law Applicable to International Electronic Contracts: A Comparative Study, PhD Dissertation in Private Law, Faculty of Law, Cairo University, 2021.
• Hatem Ghaib Saeed, “Trade and Its Role in Economic Development from a Legal Perspective,” Journal of the College of Law for Legal and Political Sciences, College of Law, University of Kirkuk, Year 6, No. 22, July 2017.
• Hafiza Al-Sayyid Al-Haddad, A Concise Introduction to Private International Law, Book One: General Principles of Conflict of Laws, Al-Halabi Legal Publications, Beirut, 2005.
• Khaled Abdel Fattah Mohammed Khalil, The Role of Party Autonomy in Determining the Law Applicable to Electronic Commerce Contracts: A Comparative Study, Dar Al-Jamiah Al-Jadidah, Alexandria, 2016.
• Khaled Abdel Fattah Mohammed Khalil, The Role of Party Autonomy in Determining the Law Applicable to Electronic Commerce Contracts: A Comparative Study, Dar Al-Jamiah Al-Jadidah, Alexandria, 2016.
• Khaled Mamdouh Ibrahim, The Formation of Electronic Contracts: A Comparative Study, Dar Al-Fikr Al-Jamii, Alexandria, 2011.
• Samer Shihab Hamad, “The Role of Artificial Intelligence in the Development of Commercial Law Rules: A Comparative Study,” Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, Vol. 13, No. 50, 2024.
• Raafat Asi Al-Obaidi, “The Role of Artificial Intelligence in Achieving Green Production,” Kirkuk University Journal of Administrative and Economic Sciences, Vol. 15, No. 1, 2025.
• Sarah Mohammed Dagher, Civil Liability for Damage Caused by Robots: A Comparative Study, Master’s Thesis submitted to the Council of the College of Law, University of Misan, in partial fulfilment of the requirements for a Master’s Degree in Private Law, 2023.
• Abbas Zboon Al-Aboudi and Laith Abdul Razzaq Ali, “The Choice-of-Law Agreement Governing International Contracts,” Journal of Legal Sciences, College of Law, University of Baghdad, Vol. 33, No. 3, Special Issue, 2018, published in 2019.
• Abdullah Fadel Hamid, Mandatory Rules and Their Application to International Contracts: A Comparative Study, Dar Al-Jamiah Al-Jadidah, Alexandria, 2019.
• Mazen Mahdi Habib Al-Aqabi, Electronic Governance and State Administration, University House for Printing, Publishing and Translation, Baghdad, 2020.
• Maher Mohammed Alwan, “Contracting through Artificial Intelligence Systems in Light of the Provisions of Civil Law: A Comparative Study,” Journal of Al-Maarif University College, Vol. 36, No. 4, 2025.
• Mohammed Al-Ayoubi, “The Role of the Principle of Party Autonomy in Determining the Law Applicable to Electronic Commerce Contracts,” Al-Manara Journal of Legal and Administrative Studies, Morocco, No. 12, February 2016.
• Mohammed Jaber, “The Impact of Artificial Intelligence on the Stock Market,” Journal of Legal and Economic Research, Misan, No. 75, 2025.
• Mohammed Siddiq Mohammed Abdullah and Sarah Ahmed Hamad, “Rules of Personal Tort Liability under Iraqi Law and Contemporary Legal Systems,” Al-Rafidain Journal of Law, University of Mosul, Vol. 15, No. 52, 2025.
• Noor Khaled Abdul Razzaq, “Civil Liability Arising from the Use of Artificial Intelligence,” Journal of Legal and Economic Sciences, Vol. 66, No. 3, 2024.
• Nawras Al-Aboudi, Characteristic Performance and Its Effect on the Choice-of-Law Process, Dar Al-Sanhouri, Beirut, 2016.
• Hisham Ali Sadiq, Conflict of Laws: A Study in Private International Law, Monshaat Al-Maarif, Alexandria, 1986.
• Haitham Kamel, Private International Law: Conflict of Laws, Dar Al-Jamiah Al-Jadidah, Alexandria, 2014.
• The Rome Convention on the Law Applicable to Contractual Obligations.
• Iraqi Civil Code No. 40 of 1951.
• Egyptian Civil Code No. 131 of 1938.
• Tunisian Code of Private International Law No. 97 of 1998.
• Iraqi Electronic Signature and Electronic Transactions Law.
• Swiss Federal Act on Private International Law of 1987.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Al-Bayan University Journal for Legal Studies and Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Al-Bayan University Journal for Legal Studies and Research (AUJLSR) applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AUJLSR, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
