Smart Contracts: Elements, Pathologies and Remedies
Forthcoming in: Law and Change: An Asian Perspective, edited by J. Loo & N. Remolina Leon, SMU, 2024
23 Pages Posted: 21 Nov 2022 Last revised: 9 Jan 2024
Date Written: November 1, 2022
Abstract
In reviewing the characteristics of “smart contracts”, above all their peculiarities of automatic execution and resistance to tampering, the paper aims to define the characteristics and peculiarities of their binding force, legal effectiveness and regulation. Thus, the paper examines the elements, pathologies and contractual remedies for smart contracts, and the related main issues that emerge in comparative contract law.
Keywords: Blockchain, Smart Contracts, Elements, Pathologies, Remedies
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