合同法革命的起源:智能法律合同

J. C. Pereira
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引用次数: 2

摘要

源自区块链技术的智能合约是这一技术最重要的应用之一。然而,由于它是一项非常新的技术,投资者的不确定性和恐惧使其发展缓慢而谨慎。因此,出现了一些问题和法律问题。本文确定了区块链为合同流程带来的变革,探索了它的潜力,并分析了它面临的主要法律困难。它寻求分析这项新技术的利弊,特别是关于执行、性质和形式、同意和灵活性的问题。本次调查的目的是认识到该技术的性质及其对《合同法》的影响。正因为如此,它给国家治理以及私营公司和个人带来的影响和挑战。因此,这项研究主要是基于对已经存在的关于区块链技术或类似技术的胚胎法律的审查,作者撰写了关于智能合约的文章,以及一些最近的新闻,以显示世界上的社会和经济影响。简而言之,本文提出的主题是一场真正的技术、社会和经济革命的开始,必须由法律和从事法律工作的人预测和准备。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The genesis of the revolution in Contract Law: Smart Legal Contracts
Smart Contracts, which derive from Blockchain technology, are one of the most peremptory applications of this. However, as it is a very recent technology, investors' uncertainty and fear makes their development slowly and cautiously. There are, therefore, a number of questions and legal problems that arise. The paper identifies what revolution Blockchain adds to the contractual processes, exploring its potential and analysing the main legal difficulties it is facing. It seeks the analysis of the pros and cons of this new technology, specially the questions about enforcement, nature and form, consent and (in) flexibility. The purpose of this investigation is to recognize the nature of this technology and its impact on the Contract Law. And because of this, the impact and challenges that it brings to the Governance of a nation as well as on private companies and individuals. Therefore this study is based mostly in the review of already existing embryonic laws about Blockchain technology or similar, authors that wrote about Smart Contracts and also some recent news to show the social and economic impact in the world. In short, the subject that this paper presents is the beginning of a true technological, social and economic revolution that must be anticipated and prepared by the law and those who work with it.
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