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. 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: Paperback / softback
Length: 146 pages
Publication date: 09 December 2022
Publisher: Springer Nature Switzerland AG

The book delves into the intricate relationship between contracts and technology, exploring a range of significant developments from the emergence of automatically concluded contracts to the revolutionary smart contracts facilitated by blockchain technology. These smart contracts, which are poised to disrupt numerous economic and social relations, are examined in detail.

The author begins by providing a comprehensive analysis of the evolution and peculiarities of the relationship between contracts and technology. This analysis encompasses the main features and elements of electronic contracts within the international comparative legal framework.

Subsequently, the book delves into the technology, economic, and social dynamics surrounding blockchain and smart contracts. It offers a detailed explanation of these technologies, their potential benefits, and the legal issues they raise. The focus of the analysis lies in examining 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 comprehensive examination of the first solutions adopted in different systems. This approach emphasizes the circulation of models and ideas, as well as the specific variations in local laws and jurisdiction.

In discussing the characteristics of distributed ledger technologies, particularly blockchain technology, the book highlights 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 provided 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 implications for the future of contract law.

Overall, the book offers a valuable insights into the evolving relationship between contracts and technology, providing a comprehensive examination of the key developments, challenges, and opportunities arising from the integration of smart contracts into legal systems.

Weight: 250g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030832421
Edition number: 1st ed. 2021