Smart Contracts and Comparative Law: A Western Perspective

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. It provides a comprehensive framework to reconcile smart contracts with comparative contract law, defining their scope, binding force, legal effectiveness, and regulation in various legal systems. It also examines the peculiarities of their application and the main issues that emerge in comparative contract law to promote their harmonized use.

Format: Hardback
Length: 146 pages
Publication date: 09 December 2021
Publisher: Springer Nature Switzerland AG

The book delves into the intricate relationship between contracts and technology,spanning from the emergence of automatically concluded contracts to the revolutionary smart contracts developed through blockchain technology. These smart contracts, which are poised to and will increasingly disrupt numerous economic and social relations, represent a significant advancement in contract law.

To provide a comprehensive understanding of this evolving landscape, the author offers a broad analysis of the peculiarities and evolution of the relationship between contracts and technology. This analysis encompasses the main features and elements of electronic contracts, highlighting their specific rules within the international comparative legal framework.

Furthermore, the book delves into the technology, economic, and social dynamics surrounding blockchain and smart contracts. It provides a detailed explanation of these technologies, their potential benefits, and the legal issues they raise. The analysis focuses on the legal nature of smart contracts, the challenges posed by their development, and the initial legal solutions adopted in various countries.

A comparative approach is employed throughout the book, allowing for a focused examination of the first solutions adopted in various systems. This comparative analysis highlights the circulation of models and ideas, as well as the local variations in applicable law and jurisdiction.

In exploring the characteristics of distributed ledger technologies, particularly blockchain technology, the book emphasizes the peculiarities of smart contracts, such as their automatic execution and resistance to tampering. These features present both significant opportunities and complex legal issues.

To address these challenges, a comprehensive framework is presented to reconcile smart contracts with comparative contract law. This framework aims to define the scope and specificities of their binding force, legal effectiveness, and the potential impact on economic and social relations.

Overall, the book provides a valuable resource for scholars, practitioners, and policymakers interested in understanding the evolving relationship between contracts and technology. It offers a comprehensive analysis of the key developments, challenges, and opportunities arising
presented by smart contracts and blockchain technology, and provides insights into the legal frameworks.

Weight: 407g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030832391
Edition number: 1st ed. 2021