What Is Wrong in the Debate About Smart Contracts

11 Pages Posted: 13 Mar 2019

See all articles by Roberto Pardolesi

Roberto Pardolesi

LUISS “Guido Carli” University of Rome; Law & Economics LAB

Antonio Davola

Luiss Guido Carli University

Date Written: February 21, 2019


In recent years, the debate about smart contracts, the blockchain, and their interaction with the law has been constantly intensifying, resulting in a vast multiplicity of contributions that try to deal with these new technologies, the role they are likely to assume in the society, and their impact on the legal framework. In our investigation, we first address the main shortcomings, and conceptual errors in the traditional approach to the legal analysis of smart contracts; then, we ultimately offer a critical perspective of how the debate should develop in the future to properly address these technologic challenges.

Keywords: Smart Contract, Blockchain, Law and Technology, Regulation, Contract Law, Private Law

Suggested Citation

Pardolesi, Roberto and Davola, Antonio, What Is Wrong in the Debate About Smart Contracts (February 21, 2019). Available at SSRN: https://ssrn.com/abstract=3339421 or http://dx.doi.org/10.2139/ssrn.3339421

Roberto Pardolesi

LUISS “Guido Carli” University of Rome ( email )

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Rome, 00197
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HOME PAGE: http://docenti.luiss.it/pardolesi

Law & Economics LAB ( email )

Viale Romania, 32
Roma, 00197
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(+39) (Fax)

HOME PAGE: http://www.law-economics.net

Antonio Davola (Contact Author)

Luiss Guido Carli University ( email )

Viale Pola 12
Rome, 00198

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