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15 - Smart Contracts and the Courts

from Part V - Smart Contracts

Published online by Cambridge University Press:  25 October 2019

By
Marc Clément
Edited by
Larry A. DiMatteo ,
Michel Cannarsa  and
Cristina Poncibò
Larry A. DiMatteo
Affiliation:
University of Florida
Michel Cannarsa
Affiliation:
Université Catholique de Lyon
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
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Summary

Chapter 15 derives some general features of smart contracts by examining the technological approach for these contracts proposed by Ethereum and Solidity language. It relies on the concept of ‘interfaces’ to designate the relationships between the computer code of a smart contract and other external elements. According to this chapter, these interfaces are the exact locations of the legal connections between a specific piece of software and the real world. In particular, it argues that the smart contract environment is not a ‘lawyer-free environment’ due to the fact that smart contracts would necessarily interfere with real world persons or institutions that would by the nature of our societies lead to legal issues.

Keywords

smart contractslegalityoraclessubscriptiondeliveryinterpretationalternative dispute resolution mechanisms
Type
Chapter
Information
The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms , pp. 271 - 287
Publisher: Cambridge University Press
Print publication year: 2019

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