Tehnologija veriženja podatkovnih blokov in pravni vidiki sklepanja pametnih pogodb

slovenian

2018

volume 44, issue 5

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Blockchain Technology and Legal Aspects of the Conclusion of Smart Contracts Abstract: The blockchain technology is introducing many innovations in different areas of the economy. The possibility of conclusion of automatically enforceable contracts has been underlined as one of the main practical values of the blockchain technology. The so-called smart contracts are concluded in the form of a computer code and are automatically fulfilled upon the fulfilment of predetermined conditions. Once the computer code has been designed (the smart contract has been concluded), the content of the contractual relationship can no longer be changed. When the predetermined conditions are met, the smart contract is automatically fulfilled. The blockchain technology should ensure a guaranteed enforcement since the smart contract can no longer be rescinded or stopped after its conclusion. Special characteristics of smart contracts raise questions of their legal validity and the possible need to adopt new rules in the field of contract law. In the article, the author first explains the basics of the blockchain technology and the notion of a smart contract. Afterwards, he addresses issues related to the legal aspects of conclusion of smart contracts and the impact of conclusion of smart contracts on the use and interpretation of contract law rules.

25.03.2020