Smart Contracts and Comparative Law: A Western Perspective

ISBN-13: 9783030832391 / Angielski / Twarda / 2021 / 290 str.

Andrea Stazi

Spis treści

1 Introduction: Contract Automation and “Smart Contracts” in Comparative Law.- 2 Contract and Technology from Automatic to Telematic Contracts.- 3 Peculiarities and Regulation of Electronic Bargaining.- 4 Smart Contracts: Legal Issues and First Regulatory Approaches.- 5 Elements, Pathologies and Remedies of Smart Contracts.- 6 Conclusion.

O autorze

Andrea Stazi is Associate Professor in Comparative Law & New Technology Law, Director of the InnoLawLab – Laboratory of Innovation Law and Coordinator of the Master’s Degree in “Artificial Intelligence: Law and Ethics of Emerging Technologies” at the European University of Rome. In 2020 he obtained the Italian National Scientific Habilitation as Full Professor in Comparative Law. He is also Visiting Professor in Biotechnology Law at the National University of Singapore. Prof. Stazi is the Coordinator of the Editorial Board of the journal “Diritto Mercato Tecnologia” (Law Market Technology). He authored several scientific publications on law and new technologies, among which “Biotechnological Inventions and Patentability of Life. The US and European Experience”, Edward Elgar, 2015.

Blurb

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 specificities 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 significant 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 specificities of their binding force, legal effectiveness 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.