Legal Analysis of Contractual Relations in the Sharing Economy

Abstract

The sharing economy, as one of the manifestations of transformation in the contemporary economic system, has created a platform in which natural persons provide goods and services through digital platforms. These developments have challenged the traditional configuration of contractual relationships and necessitated a rethinking of existing legal frameworks. One of the most prominent aspects of this transformation is the emergence of decentralized distribution networks and new forms of contracts that exhibit characteristics such as being reciprocal, vertically structured, adhesive in nature, and, in some cases, monopolistic. This article adopts an analytical and comparative approach to examine the legal dimensions of contractual relations within the context of the sharing economy. It highlights the shortcomings of Iran’s current positive law in recognizing and regulating such contracts and emphasizes the need to develop a specific legal regime for distribution contracts that aligns with the mandatory rules of competition law. In conclusion, the article recommends that the legislator adopt a flexible yet clear framework within commercial law that both ensures the efficiency of participatory networks and prevents the formation of anti-competitive structures. Consequently, research into the legal nature of participatory contracts in Iran must, while utilizing the capacities of comparative law, contribute to the development of clear and practical criteria for determining the legal position of such contracts within the national legal system. These criteria should uphold the fundamental principles of public law without diminishing the appeal of these contracts for the private sector.