نوع مقاله : علمی-پژوهشی
عنوان مقاله English
نویسنده English
The transformation of electronic payment infrastructures and their establishment as a fundamental pillar of contemporary transactions has represented this domain as an emerging "social issue" at the intersection of law and technology. With digital systems becoming a vital platform for the execution of obligations, system disruptions are no longer merely transient technical flaws but rather crises in the credit order and economic stability of citizens' life-worlds. This shift underscores the need for a "re-socialization" of the foundations of civil and contractual liability. The complexity of the technical architecture and the multiplicity of actors in this chain challenge the effectiveness of traditional rules (such as misappropriation and negligence) in addressing structural risks and necessitate a redefinition of the "professional standard of care" in the inherently risky digital environment. Findings from this comparative study show that U.S. law, transitioning from individual fault to "enhanced result-oriented liability" and shifting the burden of proof in favor of users, offers an institutional response to systemic risks. In contrast, Iran's legal system, relying on a reactive and reductionist approach based on general civil law principles, remains entrenched in the traditional handling of this phenomenon, lacking a coherent framework for managing the social repercussions of such disruptions.
کلیدواژهها English