Smart Contracts In Comparative Law
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Smart Contracts In Comparative Law
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Author : Andrea Stazi
language : en
Publisher:
Release Date : 2022
Smart Contracts In Comparative Law written by Andrea Stazi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
Smart Contracts And Comparative Law
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Author : Andrea Stazi
language : en
Publisher:
Release Date : 2021
Smart Contracts And Comparative Law written by Andrea Stazi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Smart Contracts And Comparative Law
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Author : Andrea Stazi
language : en
Publisher: Springer Nature
Release Date : 2021-12-08
Smart Contracts And Comparative Law written by Andrea Stazi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-08 with Law categories.
The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Proceedings Of The 2nd International Conference On Changing Of Business Law Icoclb 2024
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Author : Edy Lisdiyono
language : en
Publisher: Springer Nature
Release Date : 2025-02-08
Proceedings Of The 2nd International Conference On Changing Of Business Law Icoclb 2024 written by Edy Lisdiyono and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-08 with Law categories.
This is an open access book. Currently, the influence of shifts and changes in the legal system due to global political, social and economic dynamics, demands significant changes to harmonize and adapt the various realities of human relations which are currently dominated by various activities in cyberspace. Law is the most important and strategic instrument in organizing the space for social interaction and changes in other social institutions and institutions in the current era. Therefore, it is not only about 3 legal instruments such as norms, legal institutions and their enforcement, but the most important thing is legal education which will build not only legal instruments and systems but also awareness of a new legal culture. Thus, structuring legal education and its educational ecosystem which is connected to other aspects, such as economics, social, cultural, religious, political and so on, is a necessity that continues to be developed. Law is also the glue and device of a world that is all connected and cross-border connected to the digital world, as well as an interconnected global society, making an agreement on a common global goal help individuals, institutions and governments throughout the world to agree on the direction of development, focusing on things that are truly beneficial for the future, directing all parties to focus on the same thing, mobilizing all resources and making it easier to organize and implement so that all parties can move together towards the achievements they hope for. By having a common goal, every policy and development step taken by every national leader will always be tested by the public. This means that a common goal provides a common opportunity for all elements of society to control the entire development process in order to remain faithful to the path towards mutual achievement, encouraging mobilization. all networks of expertise, knowledge and practices to overcome various difficulties faced in implementing sustainable development and mobilize all stakeholder networks. This multi-stakeholder process is critical to addressing complex challenges in sustainable development and the fight against poverty, hunger and disease. In line with the global agenda called Sustainable Goals Development, especially point 4 of SGD’s goals which sets the goal of providing quality education, this is also included in the world of legal education. The SDGs goals above are interconnected and influence each other. To achieve the SDGs goals, collaboration and cooperation are needed. These SDGs are a global commitment to achieve better sustainable development. Every country, including Indonesia, has a responsibility to achieve the SDGs goals. By paying attention to sustainability aspects in every decision and action, we can build a better and more sustainable future for future generations. Thus, there is a need for strategic partnerships, especially at the national and regional levels, which will harmonize various curricula and learning methods, especially in the field of law, in order to achieve a parameter of success in the development of national and regional law which is one of the elements of the resilience of a country or region. This is considered necessary and strategic considering that currently the dynamics of the region are being influenced by global turmoil in various fields, as well as the ongoing struggle for hegemony among world geopolitical and geoeconomic forces in the new world balance order. Therefore, this international seminar and call for papers is an opportunity for participants to find out about harmonization and strategic cooperation in legal education, especially in the era of disruption, economic and digital and to know its relevance for development at the ASEAN level.
Blockchain And Private International Law
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Author : Andrea Bonomi
language : en
Publisher: BRILL
Release Date : 2023-11-13
Blockchain And Private International Law written by Andrea Bonomi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-13 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
Legal Agreements On Smart Contract Platforms In European Systems Of Private Law
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Author : Jasper Verstappen
language : en
Publisher: Springer Nature
Release Date : 2023-06-23
Legal Agreements On Smart Contract Platforms In European Systems Of Private Law written by Jasper Verstappen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-23 with Law categories.
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Legal Tech Smart Contracts And Blockchain
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Author : Marcelo Corrales
language : en
Publisher: Springer
Release Date : 2019-02-07
Legal Tech Smart Contracts And Blockchain written by Marcelo Corrales and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-07 with Law categories.
There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
The Cambridge Handbook Of Smart Contracts Blockchain Technology And Digital Platforms
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-30
The Cambridge Handbook Of Smart Contracts Blockchain Technology And Digital Platforms written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-30 with Law categories.
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
From Theory To Practice In Private International Law
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Author : Justin Borg-Barthet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
From Theory To Practice In Private International Law written by Justin Borg-Barthet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Digital Finance Law
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Author : Robert Walters
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-17
Digital Finance Law written by Robert Walters and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-17 with Law categories.
This book assesses the rapidly changing landscape of digital finance regulation. Focusing on the laws of banking-finance, tax, insurance, intellectual property (patents and copyright) and international commercial arbitration, it also delves into the regulation of tokens and the laws pertaining to its development, use, and transaction. The book undertakes a comparative study of civil and common law jurisdictions such as Australia, India, Japan, Singapore, United Kingdom, European Union, and the United States. It explores how each jurisdiction is at various stages of developing its digital economy and providing banking and financial regulations for crypto-digital assets such as tokens. It also highlights the potential for global regulatory change and collaboration, such that there is a robust, efficient, and harmonised framework of standards, codes and law. The book asserts that blockchain technology will be a disruptive force to commercial law and will be important to taxation and insurance laws (smart contracts), as well as the technology that supports them. Due to the rapid transformation in regulatory landscape, the laws compared were as at November 2024. Since then there have been changes. It also expands on how international arbitration agreements will require more extensive knowledge on data and cybersecurity due to the use of expert evidence that involves blockchain, code, and cybersecurity, amongst other technological elements that facilitate smart contracts and token transactions. A book of keen interest to scholars of finance law, digital finance, and comparative law, as well as legal practitioners.