Abstract
The essay addresses certain fundamental issues raised by the use of smart contracts from
the perspective of «general» contract law, with special regard to the self-executing nature of
smart contracts. In particular, the essay investigates the relationship between smart contracts
and supervening circumstances, the remedial techniques that can operate in a self-executing
context, the relationship between smart contracts and the choices (including imperative ones)
of the legal system, as well as the related problems of the functioning, in this framework, of
the techniques of contract integration, which, as is known, play a significant role especially
in civil law systems.
| Titolo tradotto del contributo | [Autom. eng. transl.] Smart contracts and general contract law |
|---|---|
| Lingua originale | Italian |
| pagine (da-a) | 105-117 |
| Numero di pagine | 13 |
| Rivista | Osservatorio del Diritto Civile e Commerciale |
| Stato di pubblicazione | Pubblicato - 2022 |
Keywords
- Smart Contracts
- Contract Law
- Self-Enforcement
- Contract Integration
- Remedies
- Restitution
- Supervening Circumstances