SMART CONTRACTS AND THEIR RECOGNITION BY THE LEGAL SYSTEM

【Author】 Moreno Arvelo, Pamilys Milagros; Gaspar Santos, Manaces Esaud; Andrade Olvera, Gitta Antonella

【Source】REVISTA UNIVERSIDAD Y SOCIEDAD

【影响因子】0.000

【Abstract】Smart contracts emerged with the development of the blockchains and made it possible for contractual agreements to be fulfilled automatically, without the intervention of a third party. The present work aims to analyze the incorporation of Smart contracts in the legal system, confronting them with the contract theory; being relevant because of the little legal literature on them, the available one comes from Asian and Anglo-Saxon countries, being necessary to address this problem by Latin American doctrinarians and thus provide tools that allow the updating of our legal systems. The methodology is qualitative, the hermeneutic method was used, which allowed the analysis of the documents. It was concluded that smarts contracts can be considered contracts from the legal point of view, but with their own characteristics due to their technological nature. Within the legal system they would be placed in private law with difficult intervention of the State in case of non-compliance.

【Keywords】Smart contracts; blockchain; contract; legal system

【发表时间】2022 JUN

【收录时间】2022-06-29

【文献类型】理论性文章

【主题类别】

区块链技术-核心技术-智能合约