The Interpretation Matter in Smart (Legal) Contracts: Possible Answers from a Comparative Perspective

Abstract

Abstract The present article is grounded in the following inquiry: are the rules concerning contractual interpretation provided by codified regulations or developed by jurisprudence for private law contracts also applicable to smart legal contracts? This question will be addressed through the utilization of a comparative research methodology, taking into account the trends embraced by scholars as well as by courts in both common law and civil law systems. In conclusion, and based on these methodological premises, various solutions present themselves to the interpreter, including the non-complete exclusion of the non-complete exclusion of the interpretative model based on the so-called contextualist theory. A similar theoretical approach would allow for an efficient synthesis between the more ambiguous legal expressions and the use of technological language.