The book analyzes the most relevant developments in the relation between contracts
and technology, from automatically concluded contracts to today's revolutionary "smart
contracts" developed through blockchain, which are beginning to and will increasingly
disrupt many economic and social relations.
...
The book analyzes the most relevant developments in the relation between contracts
and technology, from automatically concluded contracts to today's revolutionary "smart
contracts" developed through blockchain, which are beginning to and will increasingly
disrupt many economic and social relations.
First of all, the author offers a broad analysis of the peculiarities and evolution of the
relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework.
In turn, the book provides a detailed explanation of the technology, economic and social
dynamics, and legal issues concerning blockchain and smart contracts. The analysis
focuses on the question of the legal nature of smart contracts, the issues posed by their
development and the first legal solutions adopted in some countries. The comparative
approach pursued makes it possible to focus attention on the first solutions adopted
until now in various systems, with particular regard to the circulation of models and
ideas and to the specifi cities of their local variations, in terms of e.g. applicable law and
jurisdiction.
In reviewing the characteristics of distributed ledger technologies, and in particular
of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present signifi cant opportunities and
complex legal issues.
A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specifi cities of their binding force, legal eff ectiveness and regulation in various legal systems.
Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main
issues that emerge in comparative contract law in order to promote their harmonized
use, in keeping with the transnational nature of such a revolutionary tool.
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