SMART MARRIAGE CONTRACTS: THE FUTURE OF BLOCKCHAIN IN MATRIMONIAL PROPERTY LAW?

【Author】 Sisak, Luboslav

【Source】ZBORNIK PRAVNOG FAKULTETA SVEUCILISTA U RIJECI

【影响因子】0.000

【Abstract】This paper is intended to serve as an introductory treatise on the subject of smart marriage contracts (SMC) as a manifestation of blockchain in matrimonial property law of contracts. At the beginning, a brief description of the origin and functioning of a SMC from a technical standpoint is provided, following that, we attempt to evaluate the legal nature of a SMC. Secondly, we focus on the possibilities and means of a SMCs formation under German, Austrian, and Slovak law. Moving on, issues related to the content of a marriage contract forming a SMC are examined. Finally, the permissibility of a SMC-related provision in a marriage contract referred to as a registration clause is tested The key findings of our research are as follows. SMCs can be formed via marriage contract under German and Austrian law, however, they cannot be created under Slovak law. Regarding the proper content of a marriage contract establishing a SMC, there are several factors to which drafters should pay close attention in order to ensure the desired functionality of a SMC. A registration clause in a marriage contract is invalid both under German and Austrian law due to the violation of good morals. The question of possible partial avoidance of a registration clause pursuant to BGB depends on the circumstances of an individual case; ABGB, on the other hand, allows partial avoidance of such clause in every case.

【Keywords】matrimonial property law; smart marriage contract; marriage contract; comparative private law

【发表时间】2021

【收录时间】2022-02-26

【文献类型】期刊

【主题类别】

区块链应用-司法领域-