合同:机械交货

IF 1.8 2区社会学 Q1 LAW

Duke Law Journal Pub Date : 2017-03-18 DOI:10.5040/9781509937059.ch-001

K. Werbach, N. Cornell

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引用次数: 140

摘要

智能合约是使用去中心化加密机制进行强制执行的自动执行数字交易。它们是20多年前理论化的，但比特币和区块链技术的最新发展重新点燃了技术专家和行业对其潜力的兴奋。初创公司和大企业现在都在为一系列市场开发智能合同解决方案，旨在绕过传统合同法提供数字绕过。对于法律学者来说，智能合约提出了一个重要的问题：智能合约能否为合同法所解决的问题提供更好的解决方案？在本文中，我们旨在了解智能合约的潜力和局限性。我们得出的结论是，智能合约提供了新的可能性，可能会显著改变商业世界，并需要新的法律回应。但智能合约不会取代合同法。理解为什么不让人们关注合同法作为一种补救制度的基本作用。通过这种方式，智能合约实际上可以阐明合同法的作用，而不是排除它。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Contracts: Ex Machina

Smart contracts are self-executing digital transactions using decentralized cryptographic mechanisms for enforcement. They were theorized more than twenty years ago, but the recent development of Bitcoin and blockchain technologies has rekindled excitement about their potential among technologists and industry. Startup companies and major enterprises alike are now developing smart contract solutions for an array of markets, purporting to offer a digital bypass around traditional contract law. For legal scholars, smart contracts pose a significant question: Can smart contracts offer a superior solution to the problem that contract law addresses? In this article, we aim to understand both the potential and the limitations of smart contracts. We conclude that smart contracts offer novel possibilities, may significantly alter the commercial world, and will demand new legal responses. But smart contracts will not displace contract law. Understanding why not brings into focus the essential role of contract law as a remedial institution. In this way, smart contracts actually can illuminate the role of contract law more than they can obviate it.

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来源期刊

Duke Law Journal LAW-

CiteScore

1.90

自引率

0.00%

发文量

期刊介绍： The first issue of what was to become the Duke Law Journal was published in March 1951 as the Duke Bar Journal. Created to provide a medium for student expression, the Duke Bar Journal consisted entirely of student-written and student-edited work until 1953, when it began publishing faculty contributions. To reflect the inclusion of faculty scholarship, the Duke Bar Journal became the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. In 1959, the Journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We seek to publish a collection of outstanding scholarship from established legal writers, up-and-coming authors, and our own student editors.