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 -