Application Of Smart Contracts Under the Framework of Contract Law Introduction

Zhuguang Lei

doi:10.54097/sqyn6968

Authors

Zhuguang Lei

DOI:

https://doi.org/10.54097/sqyn6968

Keywords:

Smart Contract; contract Law; blockchain.

Abstract

This academic paper delves into the intricate legal dimensions of smart contracts within the context of traditional contract law, tracing the evolution of smart contracts, their intricate linkages with blockchain technology and ethereum, and their thriving applications in diverse fields such as finance and supply chain management. Using a combination of literature review and comparative analysis, this study not only highlights the multifaceted advantages offered by smart contracts, such as automated execution capabilities and greater security, but also provides insights into the legal challenges they pose. These challenges contrast with the principles of traditional contract law, including the dilemmas of the legal nature of smart contracts, contracting, performance, and modification and remedies. To reconcile these differences, this paper argues for a set of innovative solutions. These include the adoption of the integration of multi-signature protocols to enhance mutual agreement, the strategic involvement of governmental oversight to ensure regulatory compliance, and the implementation of hybrid models that synergize on-chain functionality with off-chain operations. Through this comprehensive analysis, the paper aims at forging a path towards coordinating the dynamic capabilities of smart contracts with the established tenets of contract law, thereby unlocking their full potential in a legally compliant.

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References

Szabo, Nick (1996). "Smart Contracts: Building Blocks for Digital Markets." Extropy, no. 16, pp. 1-11.

Nakamoto, S. (2008). "Bitcoin: A Peer-to-Peer Electronic Cash System." Decentralized Business Review.

Xu, Yongshun, Chong, Heap-Yih, and Chi, Ming (2021). "A Review of Smart Contracts Applications in Various Industries: A Procurement Perspective." Advances in Civil Engineering, vol. 2021, p. 2.

Christidis, K., and Devetsikiotis, M. (2016). "Blockchains and Smart Contracts for the Internet of Things." IEEE Access, vol. 4, pp. 2292-2303.

Buterin, V. (2015). "A Next Generation Smart Contract & Decentralized Application Platform." pp. 13-17.

Khan, S.N., Loukil, F., Ghedira-Guegan, C., et al. (2021). "Blockchain Smart Contracts: Applications, Challenges, and Future Trends." Peer-to-Peer Networking and Applications, vol. 14, pp. 2901–2925.

Nzuva, S. (2019). "Smart Contracts Implementation, Applications, Benefits, and Limitations." Journal of Information Engineering and Applications, vol. 9, no. 5, pp. 63-75.

Zou, W., et al. (2021). "Smart Contract Development: Challenges and Opportunities." IEEE Transactions on Software Engineering, vol. 47, no. 10, pp. 2084-2106.

Sklaroff, Jeremy M. (2018). "Smart Contracts and the Cost of Inflexibility." Prize Winning Papers, no. 9.

Wang, S., Yuan, Y., Wang, X., Li, J., Qin, R., Wang, F.-Y. (2018). "An Overview of Smart Contract: Architecture, Applications, and Future Trends." IEEE Intelligent Vehicles Symposium (IV), Changshu, China, pp. 108-113.

Giancaspro, M. (2017). "Is a ‘Smart Contract’ Really a Smart Idea? Insights from a Legal Perspective." Computer Law & Security Review, pp. 2-18. DOI: 10.1016/j.clsr.2017.05.007.

Raskin, M. (2017). "The Law and Legality of Smart Contracts." Georgetown Law Technology Review, vol. 1, no. 2, pp. 305.

Savelyev, A. (2017). "Contract Law 2.0: 'Smart' Contracts as the Beginning of the End of Classic Contract Law." Information & Communications Technology Law, vol. 26, no. 2, pp. 116-134.

Jin, Jing (2017). "The Power of Classic Contract Law in the Digital Age: With the EU Digital Single Market Policy as the Background." European Studies, vol. 35, no. 06, pp. 65-89.

Wang, Yanchuan (2019). "The Construction and Risk Prevention of Smart Contracts." Law Magazine, no. 2, pp. 43-51.

Xie, Xiaoyu (2023). "The Legal Effectiveness of Blockchain Smart Contracts." Shandong University, pp. 12-13. DOI: 10.27272/d.cnki.gshdu.2023.006078.

Liao, Qin (2023). "The Challenge and Response of Smart Contracts to the 'Civil Code' Contract Compilation." Journal of Yibin University, vol. 23, no. 09, pp. 52-60.

You, Wenting (2023). "The Legal Regulation of Smart Contracts by the 'Civil Code'." Theoretical Monthly, no. 12, pp. 125-134.

Woebbeking, M.K. (2019). "The Impact of Smart Contracts on Traditional Concepts of Contract Law." Journal of Intellectual Property, Information Technology and Electronic Commerce Law, vol. 10, no. 1, pp. 106.

Ni, Yunwei (2019). "Civil Law Analysis, Application, and Enlightenment of Smart Contracts Under Blockchain Technology." Journal of Chongqing University (Social Science Edition), vol. 25, no. 03, pp. 170-181.

Wang, Chan, Yang, Huixu (2019). "The Private Law Challenges and Responses to Smart Contracts." Yunnan Social Science, no.04, pp. 127-133+187.

Amy Schmitz, Colin Rule, Guo Wenli (2021). "Online Dispute Resolution for Smart Contracts." Commercial Arbitration and Mediation, no. 02, pp. 31-52.