Research output: Contribution to journal › Article › peer-review
Legal Issues of Smart Contracts in Contract Law. / Zainutdinova, Elizaveta V.
In: Journal of Siberian Federal University - Humanities and Social Sciences, Vol. 14, No. 11, 4, 2021, p. 1626-1634.Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Legal Issues of Smart Contracts in Contract Law
AU - Zainutdinova, Elizaveta V.
N1 - Zainutdinova, E.V. (2021). Legal issues of smart contracts in contract law. J. Sib. Fed. Univ. Humanit. soc. sci., 14(11), 1626–1634 Publisher Copyright: © Siberian Federal University. All rights reserved
PY - 2021
Y1 - 2021
N2 - The research is carried out on some legal issues of smart contracts and their place in Russian and other countries’ contract law. By means of contract law such issues are analysed: 1) conclusion and performance of smart contracts’ obligations; 2) practical issues arising due to smart contracts’ use; 3) contract law provisions that might be applied to smart contracts; 4) issues that are not covered by the legislation but need to be addressed. A smart contract is considered to be a contract with the specific type of performance of obligations (automated performance). Smart contract is a contract concluded with an exchange of data (type of a written form). Smart contracts are performed with the help of automated performance and previously expressed consent of parties. It is proved that smart contracts could be modified and terminated giving a mechanism for that as well as provides for measures of defence and responsibility that could be applied for obligations out of smart contracts. As the result, provisions of smart contracts that reflect smart contracts’ place and peculiarities in contract law are formulated.
AB - The research is carried out on some legal issues of smart contracts and their place in Russian and other countries’ contract law. By means of contract law such issues are analysed: 1) conclusion and performance of smart contracts’ obligations; 2) practical issues arising due to smart contracts’ use; 3) contract law provisions that might be applied to smart contracts; 4) issues that are not covered by the legislation but need to be addressed. A smart contract is considered to be a contract with the specific type of performance of obligations (automated performance). Smart contract is a contract concluded with an exchange of data (type of a written form). Smart contracts are performed with the help of automated performance and previously expressed consent of parties. It is proved that smart contracts could be modified and terminated giving a mechanism for that as well as provides for measures of defence and responsibility that could be applied for obligations out of smart contracts. As the result, provisions of smart contracts that reflect smart contracts’ place and peculiarities in contract law are formulated.
KW - Automated performance of obligations
KW - Contract law
KW - Mutual restitution
KW - Performance of obligations
KW - Smart contract
KW - Automated performance of obligations
KW - Contract law
KW - Mutual restitution
KW - Performance of obligations
KW - Smart contract
UR - http://www.scopus.com/inward/record.url?scp=85123100386&partnerID=8YFLogxK
UR - https://elibrary.ru/item.asp?id=48041904
UR - https://www.mendeley.com/catalogue/7dff21af-7553-30fc-95cf-d2bf86760254/
U2 - 10.17516/1997-1370-0845
DO - 10.17516/1997-1370-0845
M3 - Article
AN - SCOPUS:85123100386
VL - 14
SP - 1626
EP - 1634
JO - Journal of Siberian Federal University - Humanities and Social Sciences
JF - Journal of Siberian Federal University - Humanities and Social Sciences
SN - 1997-1370
IS - 11
M1 - 4
ER -
ID: 35324124